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(영문) 서울남부지방법원 2018.10.05 2018가단6598
청구이의
Text

1. The Defendant’s loan case against the Plaintiff was dated November 17, 2014, Seoul Southern District Court Decision 2014 Ghana584032.

Reasons

1. On October 20, 2014, the Defendant filed a lawsuit claiming loans against the Plaintiff, a primary debtor, E Co., Ltd. (hereinafter “E”) and joint and several sureties, Seoul Southern District Court 2014Gaso584032.

On November 17, 2014, the above court rendered a decision of performance recommendation that "the defendants (E and the defendant) jointly and severally pay to the plaintiff (the defendant) 11,618,983 won and 10,792,420 won among them at the rate of 29% per annum from October 16, 2014 to full payment."

On April 27, 2015, the decision of performance recommendation was finalized as it is, and as to E, the decision was rendered by service by public notice.

【In the absence of any dispute, Gap's evidence Nos. 1 through 3, Eul's evidence No. 1, the purport of the whole pleadings】

2. The parties' assertion

A. The plaintiff asserts that, inasmuch as the plaintiff did not have any joint and several sureties for the debt of E, the column of joint and several sureties for the loan contract is forged, and the currency for loan confirmation was conducted against other persons than the principal, compulsory execution based on the decision on performance recommendation of this case should be denied unless there is any

B. As to this, the Defendant asserts that the grounds for the Plaintiff’s assertion are grounds before the decision on performance recommendation of this case became final and conclusive, and thus, it is against the res judicata, and as long as the Plaintiff’s seal is affixed to the loan contract of this case and the certificate of seal impression is attached, the Plaintiff

3. Determination

(a) In the case of a final decision on performance recommendation, the grounds that have arisen prior to the decision on performance recommendation with respect to the claims that form the grounds for such decision, may be asserted in a lawsuit of demurrer against the decision on performance recommendation; and

(See Article 5-8(3) of the Trial of Small Claims Act, Article 44(2) of the Civil Execution Act, and the burden of proof as to the grounds for objection in a lawsuit of objection shall be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, final and conclusive.

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