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(영문) 광주지방법원 2015.07.21 2015가단18775
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion filed a lawsuit against the plaintiff et al. on October 27, 2005 against the plaintiff et al. as the court of this court 2005Ga320787. However, the plaintiff did not actually receive a written notice of the complaint or the date of pleading and served by public notice that "the plaintiff jointly and severally with C shall pay to the defendant 1 million won, 5% per annum from April 16, 2005 to March 24, 2006, and 20% per annum from the next day to the date of full payment" (hereinafter "the judgment of this case"). Since the plaintiff did not borrow the above money from the defendant, compulsory execution based on the judgment of this case shall be denied.

2. In a case where an executive title, which is the object of an objection in a lawsuit claiming a judgment, is a final and conclusive judgment, the reasons must arise after the closure of pleadings in the lawsuit, and even if the debtor was unaware of such circumstances without fault and was unable to assert it before the closure of pleadings, the circumstances arising earlier cannot be deemed as the grounds for objection (see Supreme Court Decision 2005Da12728, May 27, 2005). In light of the above legal principles, there is no evidence to acknowledge the decision of service by public notice in the lawsuit above as illegal, and as long as the judgment of this case based on service by public notice is not revoked by subsequent appeal, etc., the grounds for objection asserted by the plaintiff concerning the grounds arising before the closure of pleadings in the lawsuit above, and thus, it cannot be deemed the grounds for objection to the judgment of this case. Thus, the plaintiff's above assertion in the end is without merit.

3. Accordingly, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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