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(영문) 서울중앙지방법원 2017.04.25 2016가단5298989
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts of recognition that the Defendant filed a lawsuit against the Plaintiff for the claim for reimbursement with the Seoul Central District Court 2016Gaso602830, and the fact that the Defendant’s judgment in favor of the Defendant rendered a final and conclusive judgment on August 12, 2016 that “the Plaintiff shall pay KRW 2,074,000 to the Defendant and the delay damages therefor,” which became final and conclusive on August 12, 2016, is either a dispute between the parties or according to the evidence No. 1.

2. Determination

A. The main point of the Plaintiff’s assertion was that the Defendant initially filed a claim for reimbursement of KRW 2,074,00 with the said KRW 2,00,00 with the Defendant’s negligence at the end of the reexamination in the car insurance dispute, but at the end of the reexamination, the Plaintiff was dissatisfied with the claim and filed a lawsuit against the Plaintiff as above. The Plaintiff did not obtain an opportunity for pleading due to the relationship that was not present at the date of pleading by recognizing that the Plaintiff would bear the said KRW 2,074,00 as a result of the aforementioned deliberation, and that the Plaintiff

B. In a lawsuit seeking objection, the grounds for the objection should have arisen after the conclusion of pleadings in accordance with Article 44(2) of the Civil Execution Act. The Plaintiff’s assertion itself has arisen before the conclusion of pleadings, and the grounds for the objection also arose before the conclusion of pleadings, and as alleged by the Defendant, the Defendant appealed against the outcome of the above retrial.

Even if the above judgment cannot be seen as null and void as a matter of course, the plaintiff's assertion is without merit without further review.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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