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(영문) 서울중앙지방법원 2017.06.15 2016가단5183643
청구이의
Text

1. The Seoul Central District Court Decision 2009Da374064 Decided 13, 2009

Reasons

1. Basic facts

A. Associate Deposit Co., Ltd. filed a lawsuit against F, etc. against F, as Seoul Central District Court Decision 2009Da374064, and the above court rendered a judgment on February 9, 2010 that “F shall jointly and severally pay KRW 30,000,000 with a new Young-gu Trade Co., Ltd. within the limit of KRW 1,00,000,000 and delay damages therefor” (the judgment by service by public notice).

(hereinafter “instant judgment”). (b)

On the other hand, F shall:

A. On January 20, 1996, before the filing of the suit, the Plaintiff died, and the report was made on February 6, 2014.

The Plaintiffs jointly inherited the net F’s property as the children of the networkF.

C. On September 4, 2014, the Defendant’s status as to the net F from the Koo Asset Loan Corporation

A. On July 24, 2016, in order to enforce compulsory execution based on the instant judgment as the final assignee of the claim that had been transferred before the transfer, the Plaintiffs, the co-inheritors of the networkF, and the successors of the new skills, were granted from the chief clerk of the above court. The certified copy of the succeeded execution clause was served in sequence with the Plaintiffs from the end of July 2016 to November 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 6 (including branch numbers in case of additional number), Eul evidence 2, the purport of the whole pleadings

2. According to the above facts of recognition, F is the preceding 1.m.

A. Since the judgment of this case was rendered by the Defendant and F prior to the filing of a lawsuit on the acquisition amount, the part which was rendered between the Defendant and F in the judgment of this case is based on the lawsuit filed against the deceased F, and thus, the judgment does not take effect, such as res judicata or executory power.

On the other hand, a claim objection suit is based on the premise that the enforcement title is valid in the event that the enforcement title is a judgment, and in principle, it is possible to prevent the extinguishment or exercise of the claim due to reasons after the closing of argument.

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