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(영문) 서울남부지방법원 2020.09.09 2020가단7419
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant has a claim amounting to C equivalent to KRW 30,715,500 based on the judgment of Suwon District Court 2009Kasi District Court 20894.

B. On May 7, 2019, the Defendant: (a) received a seizure and collection order (Seoul Southern District Court 2019TTT 3799) regarding C’s wage claims against the Plaintiff as the preserved right.

C. Based on the above collection order, the Defendant filed a lawsuit claiming the collection amount (Seoul Southern District Court 2019Kadan1919) against the Plaintiff (Seoul Southern District Court 2019Kadan1919), and received a favorable judgment on December 20, 2019 (hereinafter “instant judgment”).

The instant judgment became final and conclusive on January 14, 2020.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff asserts that on March 7, 2019, prior to the rendering of the instant judgment, the enforcement force of the instant judgment ought to be excluded, since there is no collection claim due to the payment of both wages and retirement allowances to C on March 7, 2019.

An objection to a claim shall be raised after the grounds therefor have been closed, and in the case of a judgment without pleading, after the judgment has been pronounced.

(Article 44(2) of the Civil Execution Act. In this case, the grounds for raising an objection by the Plaintiff arose prior to the pronouncement of the judgment in this case, and it does not constitute a legitimate grounds for objection.

3. The plaintiff's claim is without merit, and without merit, it is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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