청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around July 27, 2005, the Plaintiff prepared a loan transaction agreement with the Defendant, but the Defendant did not lend money to the Plaintiff as the Plaintiff did not provide a security.
Nevertheless, the Defendant filed a lawsuit seeking the payment of the loan amounting to five million won against the Plaintiff (Seoul District Court 2014 Ghana218109) by means of the filing of the said contract with the Plaintiff, and received a judgment in favor of the Defendant on July 7, 2014. Therefore, compulsory execution based on the said judgment should be dismissed.
2. In a case where an executive title subject to an objection in a lawsuit seeking objection is a final and conclusive judgment, the reason should arise after the closure of pleadings in the relevant lawsuit, and even if an obligor was unaware of such circumstances and was unable to assert such circumstance before the closure of pleadings, the circumstance that occurred earlier cannot be deemed as the ground for objection, even if the obligor was unaware of such circumstances and was unable to assert
(See Supreme Court Decision 2005Da12728 Decided May 27, 2005, etc.). The Plaintiff’s assertion does not exist from the beginning a loan recognized in the Daegu District Court Decision 2014Da3218109 Decided May 27, 2005. This is obvious that it is a reason before the closure of argument at the fact-finding trial, and thus, the instant claim is without merit.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.