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(영문) 춘천지방법원 원주지원 2017.01.26 2016가합5654
약정금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s assertion D was finally and conclusively affirmed by: (a) the Plaintiff filed a lawsuit seeking reimbursement of KRW 20,000,000 for bank trees trading commission against the Plaintiff; (b) by deceiving the court by obtaining false confirmations from the Defendants and submitting them as evidence; and (c) through the appellate court (Sacheon District Court 201Na4654); and (d) through the final appeal (Supreme Court 2013Da97403), “the Plaintiff shall pay to D the trading commission of KRW 2 million and damages for delay.”

(hereinafter referred to as “the final judgment of this case”). The final judgment of this case is a judgment obtained by deceit based on a false confirmation, and compulsory execution based on such judgment shall not be permitted.

2. The standing to file an objection can be deemed as a person who can file an application for compulsory execution on behalf of a creditor on behalf of a creditor, succession, or other causes (Article 25 of the Civil Execution Act). The Defendants are not those entitled to file an application for compulsory execution based on the final judgment of this case on behalf of a creditor of a claim based on the final judgment of this case, or on behalf of such creditor. Thus, the instant lawsuit filed against the Defendants is unlawful since it was filed against a person who

3. In conclusion, the plaintiff's lawsuit of this case is unlawful and thus it is so decided as per Disposition.

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