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(영문) 대구지방법원포항지원 2014.11.11 2014가단5461
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 16, 2013, the Defendant filed a lawsuit against the Plaintiff and C for a loan claim with the Daegu District Court Branch Branch of 2013Gau15007, and the said court rendered a judgment on October 16, 2013, that “The Plaintiff and C jointly and severally pay to the Defendant 13,019,178 won and 5,000,000 won with interest of 20% per annum from June 17, 2013 to the date of full payment” (hereinafter “instant judgment”).

B. The instant judgment became final and conclusive on November 28, 2013.

[Ground of recognition] The entry of Gap evidence No. 3 and the purport of the whole argument

2. The assertion and judgment

A. Although the claims for the instant judgment based on the purport of the Plaintiff’s assertion do not exist by extinguishing all the claims due to repayment, etc., the Plaintiff was subjected to the instant judgment by deceiving the court, and thus, compulsory execution based on the instant judgment should be

B. Once a judgment becomes final and conclusive, the court or the party becomes final and conclusive and conclusive, and the res judicata of such final and conclusive judgment shall be based on the time of closing of arguments at the trial court, which is the standard time, and it is not allowed to seek a judgment different from the judgment in the previous suit by asserting facts and evidentiary materials that existed prior to the standard time of the previous suit in the

In the instant case, the fact that the instant judgment became final and conclusive with the purport that the Defendant’s claim for a loan (guarantee obligation) against the Plaintiff exists is identical to that set forth earlier, and thus, the Plaintiff’s assertion that the instant judgment does not exist on the grounds prior to the closing of argument in the instant judgment is not permissible as a assertion contrary to the res judicata of

The plaintiff's assertion is without merit.

3. As such, the plaintiff's claim is dismissed as it is without merit.

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