청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 20, 2010, the Defendant filed a lawsuit against the Plaintiff seeking payment of goods on the ground that “The Defendant supplied the Plaintiff with goods equivalent to KRW 917,000,000, such as Albane, Scream, etc. on December 11, 2008, and Scream, and received only KRW 150,000 until May 10, 2009, and did not receive the remainder of KRW 767,000.”
On January 27, 2011, the competent court closed the pleadings and rendered a judgment on January 27, 201, stating the purport of the claim that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of KRW 767,00 and KRW 20% per annum from January 26, 2011 to the date of full payment” (hereinafter “the instant judgment”). The judgment was served on the Plaintiff by public notice and became final and conclusive around March 18, 2011.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2 and 4, the purport of the whole pleadings
2. The plaintiff's assertion that the plaintiff paid KRW 775,50 to May 10, 2009 on a multiple occasions, and paid the price of the goods in full, but the defendant filed a lawsuit against the plaintiff and received an unfair winning judgment. Thus, compulsory execution based on the judgment of this case should be dismissed.
3. Where a debtor raises an objection against a claim established by a judgment, the grounds for objection shall accrue after the pleadings have been concluded;
(Article 44(1) and (2) of the Civil Execution Act. However, in the case of this case, the grounds for objection asserted by the Plaintiff arose prior to January 27, 201, which is the date of closing argument in the judgment of this case.
Therefore, without examining whether the grounds for the Plaintiff’s objection are true, the Plaintiff’s claim of this case cannot be accepted.
[The plaintiff should have contested the legitimacy of the decision by means of appeal on the subject case of this case. It is so decided as per Disposition for this reason.