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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant filed a loan lawsuit against the Plaintiff as the Suwon District Court Ansan Branch Branch of 2019dan 52419 against the Plaintiff.
On December 18, 2019, the above court rendered a judgment that "D, B, and the Plaintiff jointly and severally pay the Defendant KRW 150,000,000,000 and damages for delay thereof" (hereinafter "previous judgment") on December 18, 2019 after serving a duplicate, etc. of the complaint on D, B, and the Plaintiff through service by public notice, and the previous judgment delivered by public notice was finalized around that time.
[Ground of recognition] Facts without dispute, Gap 4, 6, purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is that the Plaintiff was aware of the Defendant through the introduction of D, and there was no direct transaction relationship with the Defendant, and there was no fact that the Plaintiff provided joint and several surety for the Defendant’s loan obligations to D.
Compulsory execution based on the previous judgment finalized by service by public notice shall be denied.
B. If the obligor intends to raise an objection against any claim finalized by a judgment, he/she shall file a lawsuit of demurrer against the claim with the grounds that accrue after the pleadings of the final judgment are concluded
(Article 44(1) and (2) of the Civil Execution Act. The grounds for objection raised by the Plaintiff are merely those prior to the closing of argument in the previous judgment, and even if the previous judgment became final and conclusive by means of service by public notice, the Plaintiff’s assertion is without merit.
(1) The plaintiff, within two weeks from the date on which he became aware that the previous judgment became final and conclusive by service by public notice, filed an appeal to complete the previous judgment, and the appellate court did not have any evidence to acknowledge that the plaintiff filed an appeal to complete the subsequent appeal. (3) The plaintiff's claim for the conclusion is dismissed on the grounds that it is without merit.