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(영문) 서울북부지방법원 2016.11.10 2016가단21657

청구이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The defendant filed a lawsuit against the plaintiffs against Seoul Northern District Court 2003 Ghana22966, and the judgment accepting the defendant's claim was rendered on April 13, 2004, and the above judgment became final and conclusive on May 7, 2004.

B. Since then, the Defendant filed a lawsuit against the Plaintiffs for the extension of the prescription period against the Seoul Northern District Court 2013Gaso26914 (hereinafter “Seoul Northern District Court”), and on September 25, 2013, a favorable judgment citing the Defendant’s claim was rendered, which became final and conclusive on October 22, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, Eul evidence Nos. 1 and 2, each of the statements Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. The defendant, a corporate bondholder of the plaintiffs' assertion, lent KRW 20,000,00 to the plaintiff B around May 199 and received all repayment from the plaintiff B around August 1999.

Nevertheless, the Defendant, through coercion and intimidation, was bound by the Plaintiff’s seal impression attached to the Plaintiff’s Plaintiff A, and did not prepare each letter, but was paid KRW 11,50,000 by the Plaintiff as a family member until December 24, 2001.

However, at the same time, the defendant threatened the plaintiff B and his family members and received each written statement from the plaintiffs' children, and filed a lawsuit against the plaintiffs and D and received the judgment. This is against the truth because the defendant did not have a debt and received a favorable judgment.

Therefore, compulsory execution based on the above final judgment should not be permitted.

B. First of all, as to whether the plaintiffs' objection is a ground for raising an objection to the lawsuit, the reason for raising an objection should be the reason that the enforcement title is a final and conclusive judgment, and if the enforcement title is a final and conclusive judgment, it should have occurred after the conclusion of arguments at the fact-finding court in the lawsuit in question, and the reason for prior

The preparation of a letter of coercion cited by the plaintiffs as the grounds for the objection and the proposal for repayment, etc. are above.