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(영문) 서울남부지방법원 2015.04.23 2014가단35611
청구이의
Text

1. The plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On October 31, 2014, the Plaintiffs: (a) who succeeded to the property following the death of the deceased, who was the Plaintiff of this case, and the gist of the assertion is as follows.

In 2007, the Network A filed a lawsuit against the Defendant on the wage case of Seoul Southern District Court 2007dan5254, 2007Na13638 (hereinafter collectively referred to as the “principal case”).

B. On November 10, 2004, H, while holding office as the president of the Defendant, was registered as the president of the Defendant’s corporation, etc. who was disqualified as the president, and on behalf of the Defendant, on behalf of the Defendant, H delegated each of the “agent of the case in question” and “agent of the applicant for confirmation of the amount of litigation costs stated in the purport of the claim based on the judgment on the burden of litigation costs in the case in the merits (or, as if he/she actually delegated the agent or agent of the case in question).” In the case in the merits, H dismissed the Plaintiff’s claim and ordered him/her to bear the burden of litigation costs.” In the above case in which the amount of litigation costs was determined, H received each decision on the purport of “the content that the deceased confirmed that the amount of litigation costs to be reimbursed to the Defendant is KRW 3,456,920.”

C. Therefore, the decision to state the purport of the claim is invalid or unreasonable, so compulsory execution based thereon must be rejected.

2. We examine the facts alleged by the plaintiffs, even if it is assumed that all of the alleged facts by the plaintiffs are true, this constitutes all the grounds which occurred before the decision to state the purport of the claim is established.

Therefore, the plaintiffs can file an immediate appeal under Article 110(3) of the Civil Procedure Act if it is before it becomes final and conclusive, and if it becomes final and conclusive, it can be asserted according to the above facts by filing a new trial under Article 461 (Quasi-Review) of the Civil Procedure Act, and otherwise, filing a lawsuit for objection against the claim in this case.

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