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(영문) 광주지방법원순천지원 2016.06.02 2016가단71093

청구이의

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendants filed a lawsuit against the Plaintiff et al. for damages claim against the Plaintiff et al., Gwangju District Court 2012Gahap1192. On February 8, 2013, the Plaintiff et al. rendered a judgment ordering each of the Defendant B to pay KRW 50 million to the Defendant C, KRW 10 million to the Defendant C, and KRW 5 million to the Defendant D, respectively.

(hereinafter “instant judgment”). B.

The Plaintiff served the instant judgment by public notice, and filed an appeal for subsequent completion on July 21, 2015, and is currently pending in the appellate court as the Gwangju High Court 2015Na1733.

[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence, the purport of the whole pleadings

2. The plaintiff asserts that the judgment on the legitimacy of the lawsuit of this case does not have any liability for damages arising from the tort against the defendants, so compulsory execution by the judgment of this case shall not be permitted.

A lawsuit of objection is a lawsuit aimed at excluding the executory power by asserting the substantial reasons for the final judgment and the other valid executive titles with respect to the claim indicated in the valid executive titles.

However, since the judgment of this case where the plaintiff sought the exclusion of executory power does not become final and conclusive by the plaintiff's appeal, the plaintiff's objection cannot be the object of lawsuit.

3. The plaintiff's lawsuit of this case is unlawful and thus dismissed.