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(영문) 수원지방법원평택지원 2016.05.03 2016가단1064
청구이의
Text

1. The defendant's decision to recommend the settlement of the collection deposit case in Suwon District Court Decision 2015dan2084, Suwon District Court, which is the defendant's claim against the plaintiff.

Reasons

In the instant case, due to the Plaintiff’s deposit for execution on September 24, 2015, the effect of the repayment of obligation between the Plaintiff and the Non-Party Consolidated Construction Co., Ltd. (hereinafter “oil Construction”), has occurred, and the Plaintiff, thereby, may oppose against the Korea Labor Welfare Corporation and the Defendant, the execution creditor, who is the execution creditor.

The defendant seized the claim against the plaintiff, who is the third debtor, and exercises the collection right by obtaining a collection order, and if the plaintiff, who is the third debtor, has already been deposited for all of his debt amount on September 24, 2015 before a favorable final judgment is rendered in the lawsuit for collection, or a decision of recommending reconciliation is finalized as of September 24, 2015, the plaintiff, which is the third debtor, shall be exempted from the execution procedure for the corresponding claim. The defendant is entitled to the payment by participating in the distribution procedure conducted by the plaintiff's execution deposit, and it cannot be subject to compulsory execution against the plaintiff's other property.

Therefore, the plaintiff's claim of this case seeking the rejection of compulsory execution based on the decision of recommending reconciliation as stated in the order against the plaintiff is reasonable, and it is so decided as per Disposition.

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