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(영문) 서울남부지방법원 2017.11.30 2017가단25783
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The summary of the Plaintiff’s assertion is as shown in the annexed sheet.

2. The gist of the Plaintiff’s assertion regarding the cause of the claim is that the final judgment of this case has no effect due to a mistake, and once it does not seem that the final judgment of this case becomes null and void.

In addition, the lawsuit of this case is bound by res judicata of the above final judgment because it is not a new trial or subsequent appeal that can contest the validity of the final judgment of this case. Therefore, the plaintiff's assertion of confirmation of existence of obligation is without merit without further review.

Ultimately, even if the Plaintiff’s assertion is cited as above, it is inevitable to regard the objection to the claim disputing the executory power of the final judgment of this case as the grounds for objection to the final judgment should have arisen after the conclusion of pleadings in the final judgment (see, e.g., Article 44(2) of the Civil Execution Act and Supreme Court Decision 2008Da51359, Oct. 28, 2009). However, the Plaintiff’s above assertion itself arose before the closing date of pleadings in the final judgment of this case (see, e.g., Supreme Court Decisions 2006Da51359, Feb. 22, 2006). As such, the Plaintiff’s claim of this case cannot

3. Accordingly, the plaintiff's claim of this case is dismissed. It is so decided as per Disposition.

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