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(영문) 서울중앙지방법원 2018.06.14 2017가합33549
청구이의의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendant, C, and D on the grounds that the Seoul Central District Court 2014Gahap26182, and the lawsuit against the Defendant became final and conclusive as the withdrawal of the lawsuit on August 19, 2015.

(hereinafter referred to as “instant case”). B.

The Defendant filed a final and conclusive judgment with the Seoul Central District Court No. 2016Kao1835 on the cost of the instant case.

On March 22, 2017, the said court rendered a ruling that “The amount of litigation expenses to be repaid by the Plaintiff to the Defendant regarding the instant case between the Plaintiff and the Defendant is KRW 7,736,266” (hereinafter “instant ruling”). The instant ruling was finalized on April 6, 2017.

C. On October 11, 2017, this Court rendered a decision that compulsory execution based on the instant decision between the Plaintiff and the Defendant should be suspended until the judgment of the instant case was rendered.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, Eul evidence No. 3, the purport of the whole pleadings

2. In the Plaintiff’s assertion on the merits of this case, the amount claimed by the Plaintiff against the Defendant is KRW 50,000,000 among the total amount claimed against the Defendant, C, and D, and thus, the Defendant’s attorney fees and other litigation costs are merely KRW 1,293,450.

Nevertheless, since the defendant submitted a forged receipt (Evidence A No. 1) and received the decision of this case, compulsory execution based on the decision of this case shall be rejected.

3. In a case where a debtor files a lawsuit of demurrer against a claim established by a judgment, the reason must arise after the pleadings have been concluded (in the case of a judgment without holding any pleadings, after a judgment is rendered) (Article 44(2) of the Civil Execution Act), and Articles 56 and 57 of the Civil Execution Act are also applicable to a judgment in which executive title can only object to an appeal.

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