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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The defendant filed a lawsuit against the plaintiff on August 12, 2020 against the plaintiff as the court 2020 Ghana 12159. The court rendered a judgment on September 24, 2020 that "the plaintiff and C shall jointly and severally pay to the defendant 26,185,2695 won and its amount calculated at the rate of 12% per annum from August 22, 2020 to the day of full payment, and C shall pay 12% per annum from August 25, 2020 to the day of full payment," and the above judgment between the plaintiff and the defendant became final and conclusive as it becomes final and conclusive (hereinafter "the judgment of this case"). The fact that there is no dispute over the grounds for recognition, Gap 1 and 3 evidence (including various numbers), the purport of each of the whole pleadings, and the purport of all pleadings and arguments.
2. The assertion and judgment
A. The plaintiff's assertion that the defendant supplied goods to the plaintiff at the plaintiff's request of the plaintiff's on-site C
The plaintiff filed a lawsuit seeking payment of KRW 26,185,269 and the judgment of this case became final and conclusive, but in fact C did not have any contractual relationship between the plaintiff and the defendant. Thus, since the plaintiff did not have any contractual relationship, the plaintiff's obligation to pay the goods to the defendant was nonexistent. The judgment of this case is unfair and its execution should be denied.
B. In a case where the enforcement title, which is the object of an objection in a lawsuit claiming a judgment, is a final and conclusive judgment, the grounds should accrue after the conclusion of the pleadings at the fact-finding court of the relevant lawsuit, and even if the debtor was unaware of such circumstances without fault and was unable to assert it before the conclusion of pleadings, the grounds for objection cannot be said to be the grounds for objection (see, e.g., Supreme Court Decision 2005Da12728, May 27, 2005). In light of the above legal principles, the circumstances asserted by the plaintiff cannot be a legitimate ground for objection as the grounds arising before the conclusion of pleadings at the instant judgment.
Therefore, the plaintiff's assertion is without merit.
(2) On the other hand, the plaintiff submitted a reference document after the conclusion of the pleading of this case and enforced enforcement according to the judgment of this case.