청구이의의 소
1. The defendant's decision against the plaintiff is based on the Seoul Central District Court Decision 2009Da1602988 Decided July 9, 2009.
1. The facts of recognition (former title Co., Ltd.) are recognized by the following: (a) the Defendant filed a suit against the Plaintiff for the claim for the amount of money transferred on July 30, 2009 with the Seoul Central District Court 2009 Ghana 1602988; and (b) the judgment in favor of the Plaintiff was rendered by public notice on July 30, 2009 and the judgment became final and conclusive around that time (hereinafter “the judgment of this case”); (c) the Plaintiff was granted immunity on February 21, 2013 in the Incheon District Court 2012Hadan2676 declared bankrupt; and (d) the Plaintiff was granted immunity on February 21, 2013 in the case of discharge from liability 2675; and (e) the fact that the decision became final and conclusive on March 9, 2013 does not conflict between the parties
2. The defendant's decision on the defense prior to the merits of this case argues that since the plaintiff had already filed a lawsuit for confirmation of exemption from Seoul Central District Court 2017Da26421 and the judgment in favor of the plaintiff became final and conclusive, again filing a lawsuit for objection of this case is an excessive pleading.
However, in relation to creditors with title of debt with respect to which immunity has been granted, the obligor’s filing of a lawsuit of demurrer against claim and seeking the exclusion of executory power based on the effect of immunity becomes an effective and appropriate means to remove the present apprehension and danger in the legal status, and the mere fact that the judgment of confirmation of immunity is rendered cannot be excluded from the executory power of the final and conclusive judgment 2009 Ghana
(See Supreme Court Decision 2017Da17771 Decided October 12, 2017). The filing of a lawsuit by the claimant for objection of this case is lawful, and the Defendant’s assertion is without merit.
3. According to the facts of recognition of the Plaintiff’s claim, the Plaintiff became final and conclusive upon grant of immunity, and compulsory execution according to the judgment of this case shall be dismissed.
Therefore, the plaintiff's claim is justified, and it is so decided as per Disposition.