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(영문) 서울중앙지방법원 2019.06.20 2018가단62691
청구이의의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the Plaintiff’s statement No. 1 (including a provisional number) and significant facts in this court, the Defendant filed a lawsuit against the Plaintiff for a loan claim and rendered a judgment on December 19, 2013 that “the Plaintiff shall pay KRW 12,00,000 to the Defendant and delay damages therefor,” which became final and conclusive around that time (Seoul Central District Court Decision 201149). 2. The Plaintiff’s assertion and judgment on February 2, 2013 that the Plaintiff did not borrow money from the Defendant without having knowledge of the Defendant, and sought non-permission of compulsory execution based on the above final and conclusive judgment.

In a case where an executive title, which is the object of an objection in a lawsuit of demurrer, is a final and conclusive judgment, such cause shall have arisen after the closure of pleadings at the fact-finding court of the relevant lawsuit, and the circumstances that occurred earlier shall not be

(See Supreme Court Decision 2005Da12728 delivered on May 27, 2005, etc.). In other words, the Plaintiff asserts that there was no money borrowed from the Defendant. This cannot be viewed as a circumstance that occurred after the closing of arguments at the fact-finding court of the said lawsuit.

Therefore, the Plaintiff cannot assert the above circumstances on the grounds of objection.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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