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(영문) 의정부지방법원남양주시법원 2019.05.16 2019가단2029
청구이의
Text

1. The Defendant’s decision on the loans against the Plaintiff is based on the Jyang-si District Court Decision 2016 Ghana8693.

Reasons

1. On July 7, 2016, the Defendant filed a lawsuit against the Plaintiff for a loan claim against the Plaintiff. “The Plaintiff paid 20 million won and 15% interest per annum to the Defendant from July 1, 2016 to the date of full payment. The judgment of this case (hereinafter “the judgment of this case”). The Plaintiff filed a subsequent appeal against the judgment of this case, but the appeal was deemed to have been dismissed on October 9, 2018, and the above judgment became final and conclusive. After the judgment of this case, the Seoul Central District Court 2017Na8116, the appellate court of the goods claim against the Plaintiff, the Plaintiff, was involved in the Plaintiff’s supplementary intervenor, and the Defendant did not have any dispute between KRW 20 million and the Defendant’s goods price paid to the Plaintiff, and the judgment of the appellate court 181,000,000,000 won, which became final and conclusive among the goods price of KRW 181,281,000,000.

2. According to the above facts finding as to the cause of the claim, the res judicata effect of the judgment in the Seoul Central District Court case 2017Na88116 shall also extend to the defendant who participated in the case as a supplementary intervenor. Accordingly, the defendant's claim against the plaintiff in this case against the plaintiff in this case was extinguished by mutual aid, etc. after the above judgment

Therefore, compulsory execution based on the above judgment should not be permitted.

3. According to the conclusion, the plaintiff's claim against the defendant is accepted on the ground of the reasons.

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