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(영문) 서울동부지방법원 2020.01.17 2019나1499
청구이의
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where a judgment is added as set forth in the following paragraph (2).

2. Additional determination

A. The Plaintiffs asserted that H repaid the total of KRW 5 million to the Defendant on ten occasions from August 13, 2010 to May 15, 2011, on condition that the Plaintiff’s assertion would be liable to repay the total of KRW 5 million.

B. A lawsuit raising an objection to judgment shall seek the exclusion of enforcement force by asserting the substantive reasons with respect to the claims indicated in the executive title, such as the final and conclusive judgment rendered by the debtor, and the grounds for raising an objection to the final and conclusive judgment should have arisen after the closing of argument

(2) Article 44(2)2 of the Civil Execution Act provides that “The date of the closing of argument in the instant judgment may be recognized as the date of May 24, 2012.” The date of the final repayment of H’s assertion by the Plaintiff is May 15, 201, before the date of the closing of argument. This is merely a circumstance before the closing of argument, and thus, cannot be a ground for objection to the claim.

(B) According to the statement in Gap evidence No. 2, five million won discharged by H is deemed to have already been appropriated as part of interest and delay damages on principal in the judgment of this case). Therefore, the plaintiffs' above assertion is without merit.

3. In conclusion, the judgment of the first instance court is justified, and all appeals by the plaintiffs are dismissed.

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