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(영문) 서울중앙지방법원 2017.09.27 2017가단5156624
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The plaintiff shall seek the payment of the money stated in the purport of the claim on the grounds as stated in the attached Form.

The defendant asserts that the defendant cannot respond to the plaintiff's request because he is granted immunity from Incheon District Court 2012.4078.

According to each of the evidence Nos. 1 through 4, it can be acknowledged that the Defendant’s immunity decision became final and conclusive on April 22, 2015 with the decision of immunity No. 2012, Incheon District Court Decision 2012:4081, Apr. 6, 2015. Thus, it is reasonable to deem that the instant claim was void of the right to file a lawsuit and its executory power according to the final and conclusive decision of immunity.

Since the lawsuit of this case is unlawful because there is no benefit of protection of rights, it is so decided as per Disposition.

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