청구이의
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The following facts are acknowledged in light of Gap evidence Nos. 1, 2-1, 2-2, and Eul evidence Nos. 1, and the purport of the whole pleadings.
The Defendant received a claim against the Plaintiff, such as foreign exchange card payment, and applied for a payment order against the Plaintiff as Seoul Central District Court 2013 tea 214607.
Since the payment order was not served on the Plaintiff, the above case was brought to the litigation by the same court 2014 Ghana529310.
On May 2, 2014, a judgment was rendered on May 2, 2014 that “the Plaintiff shall pay to the Defendant the amount of KRW 8,675,902 and KRW 2,528,759 at the rate of 20% per annum from April 26, 2014 to the date of full payment” (hereinafter “instant judgment”).
The above judgment became final and conclusive on June 4, 2014.
2. The assertion and judgment
A. Since the Plaintiff’s assertion foreign exchange card was issued and used, the Defendant’s claim for transfer money does not exist.
Even if the defendant's claim for the acquisition amount exists,
Even if the extinctive prescription has already been completed.
B. Article 44(1) and (2) of the Civil Execution Act provides that where an obligor intends to raise an objection to a claim finalized by a judgment, the obligor shall file a lawsuit of demurrer to the court of first instance regarding the claim in the judgment court, and that the objection ought to arise after the pleadings have been concluded (in the case of a judgment without holding any pleadings, after the judgment was rendered
Therefore, the claim that became final and conclusive by the judgment can not be the ground for the objection suit for the reasons that occurred before the pleading is closed.
However, the above reasons asserted by the Plaintiff do not constitute a legitimate objection to the claim due to reasons arising before the closing of argument in the instant judgment.
3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, and the plaintiff's claim shall be revoked and dismissed.