청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The defendant filed a lawsuit against the plaintiff for the claim for the payment of the price in Seoul Northern District Court 2005Gaso179516, and on November 23, 2005, the plaintiff, along with the closing of argument on November 23, 2005, was sentenced to a judgment accepting the defendant's claim that "the plaintiff shall pay to the defendant the amount of 15 million won and the amount calculated at the rate of 36% per annum from July 22, 2005 to the date of full payment," and the above judgment became final and conclusive around that time because the plaintiff's appeal was not filed within the
[Ground for recognition] Unsatisfy, Gap evidence 3
2. Determination
A. On October 16, 2003, C, a plaintiff's argument, borrowed 13,50,000 won from the defendant as gambling fund, and made up a written statement with the plaintiff as the debtor, and Eul as the guarantor. After C received 13,500,000 won from the defendant, it immediately returned to the defendant. The remaining 8,00,000 won was returned to the defendant. From April 30, 2004 to December 7, 2004, C transferred 2,00,000 won to one bank account of the defendant's wife.
The defendant received full repayment from C of the above written amounts, and even if the above written amounts are null and void as an anti-social transaction, the defendant filed a lawsuit against the plaintiff and received the judgment. This goes against the truth because the defendant received a favorable judgment even though there is no obligation.
Therefore, compulsory execution based on the above final judgment should not be permitted.
B. First of all, as to whether the Plaintiff’s 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 the reason for raising an objection should have arisen after the closing of argument at the fact-finding court of the lawsuit in question, and the reason for prior objection cannot be deemed the
The Plaintiff’s assertion of repayment or anti-social transactions, etc. cited as the grounds for objection, is obviously a ground that occurred before the conclusion of pleadings in the above final judgment.