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(영문) 수원지방법원성남지원 2020.10.23 2020가단2815
청구이의
Text

1. The Defendant’s claim against the Plaintiff was made on December 4, 2019 in Suwon District Court Decision 2019 Ghana631938.

Reasons

1. On June 16, 2007, the Defendant filed a claim against the Plaintiff for payment of the said money under the catch agreement concluded between D and C, and C, 66,000 won, on the ground that the Defendant subrogated the Defendant, on December 2, 2019, on the ground that the Plaintiff paid the said money, the Defendant filed a performance recommendation order with the Suwon District Court support 2019Da631938, and on December 4, 2019, the court issued a performance recommendation order with the purport that “the Plaintiff shall pay the Defendant KRW 3,254,600 and its delayed payment damages.”

[Ground of recognition] Unsatisfy, Gap evidence 6-1, the purport of the whole pleadings

2. The defendant repeatedly stated in the process of litigation that "the plaintiff made a payment by subrogation for the rental fee under the coffee machine satch contract which was determined at 66,000 won on June 16, 2007 with D and D, and 66,000 won on behalf of the plaintiff, not by subrogation for the rental fee under other contract." Thus, it is reasonable to deem that the defendant made a confession that there is no claim that was the basis of the decision on the performance recommendation of this case. Therefore, compulsory execution based on the decision on the performance recommendation of this case should be denied.

3. Conclusion, the claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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