(영문) 수원지방법원성남지원광주시법원 2020.05.19 2019가단216

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(영문) 수원지방법원성남지원광주시법원 2020.05.19 2019가단216

청구이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant filed a lawsuit against the Plaintiff seeking the payment of the loan, and on August 9, 2018, the Suwon District Court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 12,177,500 won and the interest rate of 15% per annum from May 29, 2018 to the date of full payment,” and the said judgment became final and conclusive around that time.

(hereinafter “The final judgment of this case”). 【No dispute over the grounds for recognition”, Gap evidence No. 1, Eul evidence No. 3, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The gist of the Plaintiff’s assertion is Nonparty C, who is the former husband of the Plaintiff, and merely received a transfer to the account in the name of the Plaintiff to the account in the name of the head of the Tong. However, the Defendant filed a lawsuit against the Plaintiff against the Plaintiff, and was sentenced to a judgment without holding a pleading without a summons

The plaintiff has no obligation to pay the above loan to the defendant, so compulsory execution based on the final judgment of this case shall be dismissed.

B. Determination 1) Once a judgment becomes final and conclusive, a court or a party cannot make a judgment or assertion contrary to the final and conclusive judgment, and such final and conclusive judgment shall enter into force on the basis of the time of the closing of pleadings in the fact-finding court. In order for an obligor to raise an objection against a claim established by a judgment, a lawsuit of demurrer to the court of the judgment in the first instance shall be brought, and the grounds for objection shall accrue after the closure of pleadings (Article 44(1) and (2) of the Civil Execution Act in a case where executive titles subject to an objection in a lawsuit of demurrer are final and conclusive judgment, the grounds for objection shall accrue after the closing of arguments in the lawsuit in question at the fact-finding court, and even if such circumstances arise earlier, even if the obligor was unaware of such

참조조문

-민사집행법 제44조 제1항

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