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1. The defendant's appellate court's Goyang Branch 2005Kadan32633 delivered with executory power over the purchase price of goods.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 as to the instant defense, the Plaintiffs filed a lawsuit against the Defendant on November 3, 2014, seeking confirmation of the Plaintiffs’ exemption from liability due to the Defendant’s principal amounting to KRW 68,852,514 and interest thereon, delay damages, liability, or any obligation based on the judgment under the Disposition No. 1 (hereinafter the instant judgment) (hereinafter the “instant judgment”), but on January 8, 2015, it is recognized that the instant lawsuit of this case was filed by the instant court which rejected compulsory execution based on the original copy of the judgment.
The defendant asserts that the lawsuit in this case is unlawful as a lawsuit which overlaps with the prior suit in which the subject matter of lawsuit is identical to the parties.
However, while the above suit simply seeks a discharge of obligation against the defendant, the lawsuit of this case is a lawsuit seeking the exclusion of enforcement force of the above final judgment against the defendant in order to exclude compulsory execution against the property owned by the plaintiffs according to the judgment of this case, and thus, it does not constitute a duplicate lawsuit, since the purport of the claim is different.
Therefore, the defendant's main defense cannot be accepted.
2. Judgment on the merits
A. (1) The Plaintiffs, while managing the mutual book of “C”, entered into an entrustment and deposit sales contract with the Defendant, and received the books from the Defendant by the end of 2001.
(2) The plaintiffs discontinue the operation of the bookstore from December 2001, and the plaintiff A filed a petition for bankruptcy with the Seoul Central District Court 2005Hadan11210 on October 5, 2005, and filed a petition for immunity under 2005Hadan11210 on December 19, 2005, and filed a petition for immunity under 9820 on April 28, 2006, and the plaintiff B received a decision to grant immunity on April 28, 2006, and the plaintiff B filed a petition for bankruptcy with the District Court 2005Hadan1529 on October 4, 2005 and filed a request for immunity under 655 on May 15, 2006, and received a decision to grant immunity on August 10, 206, respectively.
However, the defendant is the defendant on the list of creditors submitted at the above request.