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1. The plaintiff's lawsuit against the defendant (appointed party) shall be dismissed.
2. The Plaintiff’s claim against C and D respectively.
Reasons
1. Basic facts
A. On September 21, 2011, the Seoul Southern District Court Decision 2010Kadan78030 against the Defendant (Appointed Party) rendered a final and conclusive judgment ordering the Defendant (Appointed Party) to pay the amount calculated at the rate of 34 million won and 20% per annum from October 31, 2010 to the date of full payment (hereinafter “instant judgment”).
B. E transferred the instant claim against the Defendant (Appointed Party) to the Plaintiff. On April 6, 2012, the Plaintiff obtained a succession execution clause pertaining to the instant judgment and served a certified copy of the succeeded execution clause to the Defendant (Appointed Party) on April 12, 2012.
[Ground of recognition] Facts without dispute, Gap 2 and 7 evidence, the purport of the whole pleadings
2. After the judgment of this case, the Defendant’s summary of the Plaintiff’s assertion (Appointed Party) opened a false bank account after the judgment of this case. The Plaintiff concluded a lease agreement on the building at the domicile under the name of the designated party C, which would lead the designated party C to pay the corresponding car in the name of his wife D, and even if criminal punishment was imposed by the act of receiving the same money without delay, the Defendant still has avoided the payment of the judgment of this case, such as making a false promise to pay the instant money while engaging in a fund-raising
Therefore, Defendant (Appointed Party), Appointed Party C, and D are jointly and severally liable to pay the instant judgment amount.
3. Since a final and conclusive judgment in favor of the defendant (appointed party) has res judicata effect as to the final and conclusive judgment in favor of the defendant, where the party against whom the final and conclusive judgment in favor of the defendant has been rendered files a lawsuit against the other party for the same claim as that of the final and conclusive judgment in favor of the defendant
(See Supreme Court Decision 2005Da74764 Decided April 14, 2006, etc.) In addition, res judicata of a final and conclusive judgment extends to a person who succeeds to the status of the relationship of rights, which is a subject matter of lawsuit, after the date of closing argument of a final and conclusive judgment pursuant to Article 218(1) of the
Therefore, it is true.