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(영문) 서울남부지방법원 2017.04.27 2017가단1220
채무부존재확인
Text

1. The Plaintiff’s loan to the Defendant amounting to KRW 4,00,000 based on the Seoul Southern District Court case No. 2016 Ghana18910.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

Even if a judgment becomes final and conclusive, the res judicata effect does not extend to the substantive right which is the cause of the enforcement title in question.

Therefore, in a case where a debtor files a lawsuit seeking confirmation of the existence of an obligation with respect to the obligation which is the cause of the judgment without filing a lawsuit seeking an objection to the final judgment, the mere fact that a lawsuit seeking objection can be filed, unless the purpose of the lawsuit is to exclude the executory power of the judgment, does not necessarily mean that the lawsuit seeking confirmation of the existence of an obligation is unlawful

(see, e.g., Supreme Court Decision 2012Da108863, May 9, 2013). 2. Article 208(3)1 of the Civil Procedure Act

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