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(영문) 서울서부지방법원 2017.12.15 2017가단221191

청구이의

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. The Plaintiff asserts that compulsory execution based on the above judgment should be denied, since around October 2016, after the Defendant received a final and conclusive judgment by public notice as stated in the purport of the claim, the Plaintiff expressed his/her intent to exempt the Plaintiff from obligations to the instant final and conclusive judgment, as stated in the grounds of the claim.

2. On the other hand, it is not sufficient to acknowledge the Plaintiff’s assertion solely on the evidence Nos. 4, 4-1, 2-2, which appears to be consistent with the Defendant’s expression of intent to discharge the obligation to the Plaintiff. Rather, according to the evidence Nos. 1, 2-2, the appeal filed by the Defendant against the instant final judgment by the court No. 2016 or 4215 was dismissed as of June 13, 2017, and it is only recognized that the Defendant’s complaint against the Defendant was concluded with no suspicion.

3. If so, the plaintiff's claim of this case is not recognized, and it is dismissed.