Effect of the deposit of the third party obligor after the judgment on the lawsuit claiming the collection amount based on the collection order becomes final and conclusive.

If the plaintiff, one of several execution creditors, filed a lawsuit claiming the collection amount against the defendant, who is a third debtor based on the collection order, and the judgment in favor thereof became final and conclusive and the third debtor deposited the amount of debt, the deposit shall have the effect of repayment against all execution creditors. Thus, the claim based on the plaintiff's favorable judgment shall be deemed extinguished after the closing of argument.

Articles 505 and 581 of the Civil Procedure Act

Newsung Co., Ltd.

Godong-style et al.

1. The Defendants’ compulsory execution based on the judgment of Jeju District Court 88Gahap113 claim against the Plaintiff is denied.

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

The same shall apply to the order.

In light of Gap evidence Nos. 1, 2, and 5-1 to 6 (each ruling), Gap evidence Nos. 4, 9-1, 2 (Report of Reasons for Civil Execution), 3 (In Fact-finding) and 5 (defluence) respectively, and the purport of the pleading before and after the witness testimony, the defendants received the above 8-1 to 6-1 to 8-2, the above 18-1 to 6-2, and the above 8-1 to 3-1 to 6-2, and the above 18-1 to 3-1 to 6-2, which were recorded on the non-party company's claim against the non-party 1 to 86-1 to 6-2, and the above 18-1 to 8-2, which were recorded on the non-party 1 to the above-party company's claim against the non-party 2 and the above 18-1 to 3-18-6, respectively.

Thus, the plaintiff's claim of this case seeking the exclusion of the executory power of the above judgment is justified, and the costs of lawsuit are assessed against the defendants who have lost. It is so decided as per Disposition.

Judges Yang Sung-tae (Presiding Judge)