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(영문) 서울남부지방법원 2016.03.04 2015가단56103

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The lower court rendered a favorable judgment on August 19, 2015 that the Defendant filed a claim for transportation charge claim against the Plaintiff for the transportation charge claim against the Seoul Southern District Court 2015Gaso84294, and that the Defendant would pay the Plaintiff the transportation charge of KRW 6,623,548 on August 19, 2015 and the damages for delay at the rate of 20% per annum from May 19, 2015 to the full payment date. The said judgment became final and conclusive on September 17, 2015. The Plaintiff appealed the said judgment but appealed, but the petition of appeal was dismissed on the ground of the lapse of the appeal period. The Defendant did not conflict between the parties that enforcement on the corporeal movables owned by the Plaintiff under the Seoul Northern Northern District Court 2015Da4486.

2. A lawsuit of objection to a claim for the issuance of a panel shall be brought after the grounds for the objection have been concluded, and in the case of a judgment without pleading, after the judgment was rendered without holding any pleadings (Article 44(2) of the Civil Execution Act). The grounds for objection as asserted by the Plaintiff in the lawsuit of this case are as follows: (a) the Plaintiff lost due to failure to attend due to the lack of being avoided on the date of pleading; and (b) the Defendant suffered business damage by delay due to delay in transportation of logistics; and (c) this is not permissible as the grounds for objection arising before the closing of argument in the case of Seoul Southern District Court 2015

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is without merit.