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인천지방법원 2019.10.01 2019가합50525
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Incheon District Court Decision 2017Gahap5080 Decided September 12, 2017, against the Defendant’s Plaintiff, is enforced on September 12, 201.

Reasons

1. In fact, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 1,000,000 based on the commitment note between the Plaintiff and the Defendant on June 22, 2016 between the Plaintiff and the Defendant, as Incheon District Court 2017Gahap5080.

On September 12, 2017, the above court rendered a judgment that "the plaintiff shall pay the defendant 1,000,000,000 won with 15% interest per annum from March 1, 2017 to the date of full payment." The plaintiff appealed against the plaintiff as Seoul High Court 2017Na2057395, but the appeal was dismissed on February 2, 2018, the above judgment became final and conclusive around that time.

(2) The grounds for recognition are as follows: (a) No. 1, No. 1, and No. 2, and No. 2, and the purport of the whole pleadings of the case (hereinafter referred to as “prior lawsuit”); and (b) No. 1, 2, and 3;

2. The plaintiff asserts that compulsory execution based on the final judgment of this case shall not be permitted for the following reasons, and the plaintiff's arguments are examined in order below.

A. The Plaintiff’s assertion of abuse of right 1 of compulsory execution against KRW 270,000 (270,000) was made on June 29, 2016 by the Defendant assigned KRW 270,000,000 among the claims under the performance angle of June 22, 2016, which are claims for the final and conclusive judgment of this case. Although the Plaintiff did not protest before the date of closing argument in the previous lawsuit, C did not bring a lawsuit against the Plaintiff to seek the above KRW 270,000 (270,000) from among the final and conclusive judgments of this case, compulsory execution based on KRW 270,000 is not allowed as abuse of right. However, in the event that the contents of the final and conclusive judgment are contrary to substantive legal relations, the nature and content of the right finalized by the judgment, the circumstances leading up to the establishment of the judgment and its execution, and the impact on the parties concerned, etc.