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(영문) 부산지방법원동부지원 2015.06.03 2014가단21351
청구이의
Text

1. The defendant's decision is based on the Busan District Court's Busan District Court's Dong Branch's Decision 2010 Ghana50577 Decided November 16, 2010.

Reasons

1. Determination on this safety defense

A. Even though the judgment entered in the text was rendered and became final and conclusive by public notice, the above judgment cannot be contested because it did not file a lawful appeal for subsequent completion and request for retrial against the final and conclusive judgment, and thus, the lawsuit of objection against the res judicata of the above judgment is unlawful, and the lawsuit of objection of this case against the res judicata of the above judgment shall

B. Article 44 of the Civil Execution Act provides that an obligor shall file a lawsuit of demurrer against a claim on the grounds that a final and conclusive claim has arisen after the conclusion of pleadings. Therefore, a lawsuit of objection against a claim indicated in the final and conclusive judgment may be brought for the purpose of excluding executory power in a case where an objection has occurred under substantive law on the grounds that the pleadings have been concluded with respect to the claim indicated in the final and conclusive judgment, and the Plaintiff files a lawsuit of objection against the instant claim seeking the exclusion of executory power on the grounds that the Plaintiff has been declared bankrupt or exempted after the judgment became final

2. Judgment on the merits

A. On July 9, 2007, the Plaintiff was involved in a traffic accident while driving the freight vehicle owned by the Defendant. On May 24, 2011, the Plaintiff was declared bankrupt by Busan District Court Decision 2010Hadan3847, and on November 22, 2011, the Plaintiff was ordered to be indemnified by Busan District Court Decision 201Da3847, and on November 22, 2011, the Plaintiff did not enter the obligation based on the written decision on the order, which was the cause arising before the said declaration of bankruptcy, in the list of creditors, between the parties concerned. (2) For this reason, the Defendant asserted that it was non-exempt claims because the Plaintiff did not enter the claims based on the Defendant’s above written decision against the Plaintiff in bad faith on the list of creditors.

On July 9, 2007, the Plaintiff moved to a bend road without carrying a container locker of the Defendant truck. On the side, the Plaintiff turned to the bend road.

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