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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: (a) No. 12 of the judgment of the court of first instance (hereinafter referred to as “No. 4, 2017.1.14”; (b) additional evidence submitted by this court, which is insufficient to recognize the fact that the plaintiff had omitted the defendant in bad faith from the list of creditors at the time of the decision on immunity of this case, from the list of creditors at the time of the decision on immunity of this case, the entry of No. 1-3 of the evidence No. 1-3 is rejected; and (c) the defendant’s assertion is identical to the grounds of the judgment of the court of first instance, except for adding
2. Additional matters to be determined;
A. The Defendant asserts that the Plaintiff’s claim under the final judgment prior to the filing of the instant lawsuit was not included in the list of creditors because the Plaintiff was unable to associate with the Plaintiff’s claim at the time of the decision on immunity, and thus, the Defendant filed a lawsuit to confirm the existence of the obligation (No. 2017Da1911, Jeju District Court Decision 2017DaDa1911) with the purport that the said claim was exempted due to the decision on immunity of the instant case, and even though the said court rendered a ruling dismissing the said lawsuit,
In the case of a double suit, the parties concerned can not institute any lawsuit identical to the subject matter of the lawsuit (Article 259 of the Civil Procedure Act). The lawsuit for the confirmation of the existence of the obligation brought before the plaintiff against the defendant differs from the lawsuit for the objection of this case and the subject matter of the lawsuit for the confirmation of the existence of the obligation brought before, and it cannot be deemed as a double suit because the lawsuit has already been completed. Thus, the above argument by the defendant is
B. The defendant asserts that the plaintiff's lawsuit of objection of this case is unlawful since the defendant did not have commenced compulsory execution against the plaintiff, and thus, the lawsuit of objection of this case is established and valid since the lawsuit of objection of this case is asserted to be unlawful.