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(영문) 수원지방법원오산시법원 2015.12.17 2015가단2106
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In a case where an executive title, which is the object of an objection in a lawsuit of demurrer, is a final and conclusive judgment, the reasons must arise after the closure of pleadings in the lawsuit, and even if the debtor was unaware of such circumstances and was unable to assert it before the closure of pleadings without fault, the circumstances arising earlier cannot be the ground for objection (see Supreme Court Decision 2005Da12728, Jan. 19, 2005). The plaintiff's assertion has already ceased to exist before the date of the closure of pleadings, and the price of goods recognized in the judgment No. 2013Da39599, which is the object of an objection has already been repaid prior to the date of the closure of pleadings. Thus, this cannot be the ground for objection, and therefore, the claim in this case is without merit.

(On the other hand, there is no basis for recognizing the plaintiff's assertion that there is a problem of the defendant's representative director at the time of the above lawsuit No. 2013 Ghana3959, but even if there is a problem of the defendant's representative director, the lawsuit was initiated by the attorney permitted by the court, and the plaintiff did not raise a problem of the defendant's representative director'

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