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(영문) 울산지방법원 2017.11.30 2017가단7018
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Defendant filed a lawsuit against the Plaintiff for damages (appeal) and received a favorable judgment against the Defendant that “the Plaintiff shall pay KRW 3,00,000 and delay damages therefrom to the Defendant,” and the said judgment (hereinafter “the final judgment of this case”) became final and conclusive as it was all dismissed, while the Plaintiff filed an appeal, and the said judgment became final and conclusive as it was all dismissed. The Defendant, based on the final and conclusive judgment of this case, can be recognized as the evidence that the Defendant demanded a distribution of the principal amount of KRW 3,00,000 and interest of KRW 1,330,274 in the process of compulsory auction of real estate C in Ulsan District Court C in accordance with the final and conclusive judgment of this case.

The plaintiff asserts that the plaintiff paid the full amount of debt indicated in the final judgment of this case, and that compulsory execution based on the above final judgment should be denied, but there is no evidence to acknowledge it.

(1) The Plaintiff and the Defendant stated that the Defendant did not appear on the date for pleading and that the Plaintiff performed his obligation to the Defendant. In addition, the Plaintiff’s above final judgment was made unfairly due to the Defendant’s tort, and thus, the enforcement of the instant final judgment ought to be denied. However, the grounds for objection are limited to the grounds for objection arising after the conclusion of pleadings (Article 44 of the Civil Procedure Act), and the above grounds alleged by the Plaintiff do not constitute the grounds

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