(영문) 부산지방법원 2017.10.19 2017가단313093

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(영문) 부산지방법원 2017.10.19 2017가단313093

청구이의

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1. The defendant's compulsory execution against the plaintiff was made based on the payment order of the claim amount in Busan District Court No. 2016 tea2126.

Reasons

1. Facts of recognition;

A. On March 14, 2016, the Defendant filed an application with the Plaintiff for the payment order of indemnity with the Busan District Court 2016 tea2126, and the Defendant issued a payment order with the content that “the Plaintiff shall pay to the Defendant 17,789,313 won and interest thereon at the rate of 15% per annum from February 18, 2016 to the date of full payment” (hereinafter “instant payment order”), and the same year.

3. The plaintiff was served on 17.

4.1. Finality has been made.

B. The grounds for filing the instant payment order are as follows: “In the case of damages (former), Busan District Court 2014Na16194, which was brought against the Defendant by Nonparty C, the Defendant rendered a judgment that the Defendant would pay KRW 12,916,450 and interest interest thereon (hereinafter “related judgment”); and according to the above judgment, the Defendant deposited KRW 17,789,313 in total with the amount of interest in arrears, etc. on February 17, 2016, and the Plaintiff and the Defendant determined that the Defendant were liable for joint tort against the Defendant, the Plaintiff should pay the amount equivalent to the amount of the deposit paid to the Defendant with the amount of indemnity.”

[Reasons for Recognition] Gap evidence No. 6

2. The payment order of this case asserted by the plaintiff is an executive title by abusing the status of the head of the plaintiff association when the defendant was the head of the plaintiff association, and it cannot be deemed that the defendant, who committed a tort in the course of performing the plaintiff's duties, has a claim for indemnity against the plaintiff regarding the total amount of damages incurred by the plaintiff's tort. Therefore, compulsory execution based on the payment order of this case

3. The instant payment order does not have res judicata effect, and as long as a lawsuit of demurrer is filed, the Defendant must prove the existence of the cause for such objection.

Even if the plaintiff and the defendant are liable for joint tort against C by the judgment of the case related to lives and household affairs, according to the statement of evidence No. 1, the defendant shall be the plaintiff.

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