청구이의
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. In the course of repairing D Truck owned by the Defendant, the Defendant asserted that there is a cause attributable to three persons, such as the Plaintiff, etc., and filed a lawsuit seeking compensation for damages against them by the Seocheon-si District Court 2018Gaso813, which became final and conclusive after the pleadings were closed as of January 9, 2020, by the Plaintiff’s partial failure judgment becomes final and conclusive.
2. In the instant lawsuit, the Plaintiff asserts that there was no cause attributable to the Plaintiff, and sought the exclusion of executive force of the said final judgment. However, in the event that executive title, which is the object of objection in the instant lawsuit, is a final and conclusive judgment, the grounds for objection shall accrue after the conclusion of pleadings (see Article 44(2) of the Civil Execution Act). However, the grounds for objection asserted by the Plaintiff alone cannot be deemed a legitimate ground for objection after the closing
3. Therefore, the plaintiff's claim is without merit, and it is so decided as per Disposition.