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(영문) 광주지방법원 순천지원 2018.05.10 2017가단9040
청구이의
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Defendants filed a lawsuit against the Plaintiff on August 26, 2016 against the Plaintiff for construction price under this court’s 2016da77343, and it is recognized that the Defendants’ judgment in favor of the Defendants was handed down on November 30, 2016 and the final judgment was finalized on December 20, 2016.

2. A lawsuit for raising an objection to a claim for judgment on the cause of claim shall have arisen after the pleadings have been concluded: Provided, That in the case of a judgment without pleadings, it shall have occurred subsequent to a sentence;

(See) (See Article 44(2) of the Civil Execution Act). However, inasmuch as the Plaintiff’s ground for objection in this case is unreasonable, it cannot be a ground for objection of this case merely because it constitutes a ground arising prior to the closing of argument in the construction cost case, even if it is apparent that the Defendants’ claim for construction cost was unreasonable, the Plaintiff lost due to personal circumstances.

Therefore, the plaintiff's above assertion is without merit to further examine.

3. In conclusion, the plaintiff's claim against the defendants of this case is dismissed as it is without merit. It is so decided as per Disposition.

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