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(영문) 수원지방법원 2020.10.15 2020가단531761
청구이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On April 10, 2015, the Defendant (hereinafter “Nonindicted Company”) filed a claim against the Plaintiff on behalf of the non-party company on behalf of the non-party company: (a) the non-party company asserted that it has a loan claim equivalent to KRW 277,879,452 (the principal) [2,00,000 (the agreed interest) 75,879,452 (the agreed interest interest]; (b) the non-party company has a loan claim amounting to KRW 75,879,452 (the agreed interest]; and (c) the said court filed a claim for the payment of the loan (Usu District Court Decision 2014Ga69255). On May 15, 2015, the said court concluded its pleadings; and (d) changed the Plaintiff’s trade name from “Co., Ltd. to “Co.” to “Co., Ltd.” on October 15, 2019; and (d) the judgment below was rendered to Defendant 20707,2001.7.

B. The instant judgment became final and conclusive on July 15, 2015.

【Reasons for Recognition】 Entry of Evidence No. 1, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion did not bear the loan obligations recognized in the instant judgment against the non-party company.

Nevertheless, the defendant asserted that the non-party company had a loan claim amounting to KRW 277,879,425 against the plaintiff, and filed a claim for the loan with the plaintiff in subrogation of the non-party company.

Therefore, compulsory execution based on the judgment of this case should not be permitted.

B. Therefore, the grounds for objection to the final judgment should arise after the closing of argument in the final judgment. As such, it is apparent that the grounds for objection raised by the Plaintiff against the judgment of this case arose before the closing of argument in the case of claiming the price of goods based on the subrogation right of the Suwon District Court 2014Kahap69255, the judgment of this case.

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