beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court's explanation concerning this case is as follows, except for the modification of Paragraph 2 of the part concerning the reasoning of the judgment of the court of first instance as stated in the part concerning the reasoning of the judgment of the court of first instance. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment as to the plaintiff's primary claim
A. First of all, the Plaintiff’s claim for objection constitutes illegal consideration, which constitutes the money invested by the Defendant in order to operate an illegal adult amusement room, and thus, the Defendant cannot claim the return of the money. Even if not, the Plaintiff’s claim is not the money borrowed from the Defendant, but the Defendant’s payment of investment to D Co., Ltd., and thus, it is not liable to return the investment money. The Plaintiff’s claim for the investment money was returned to the Defendant by granting 11,000 shares (value 110,000,000) of the above company (value 110,000) to the Defendant, or the Defendant’s investment money was extinguished due to dissolution of the said company, and thus, it is unreasonable for the Defendant to enforce compulsory execution based on the above final judgment. Thus, the Plaintiff’s claim for objection against the final judgment can only be made after the argument was closed (Article 44(2) of the Civil Execution Act). The Plaintiff’s assertion in this case is without merit.
B. Furthermore, the Plaintiff asserts to the effect that compulsory execution by the final judgment of this case constitutes abuse of rights in light of the aforementioned circumstances. Thus, if compulsory execution by the final judgment of this case constitutes abuse of rights, it should be faithfully exercised in accordance with the principle of trust and good faith. Therefore, if compulsory execution by the final judgment constitutes abuse of rights, this constitutes abuse of rights.