(영문) 서울동부지방법원 2018.05.25 2017가단140672

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2018.05.25 2017가단140672

청구이의

Text

1. The defendant's judgment on the plaintiff is based on the Seoul Eastern District Court 2016Gadan118081 compensation case against the plaintiff.

Reasons

1. In full view of the entries and the purport of the entire pleadings as stated in Gap evidence Nos. 1 through 5, the defendant filed a lawsuit against the plaintiff as Seoul East Eastern District Court 2016Kadan118081, and on October 27, 2017, the judgment that "the plaintiff shall pay 17,00,000 won to the defendant as well as 5% per annum from June 17, 2016 to October 27, 2017, and 15% per annum from the next day to the day of full payment (hereinafter "the judgment in this case"). The judgment in this case becomes final and conclusive, and the plaintiff may recognize the full deposit amount of KRW 18,30,00 to the deposit officer of the Seoul Eastern District Court on November 17, 2017.

2. According to the above facts of recognition as to the cause of claim, since the obligation owed by the plaintiff to the defendant pursuant to the judgment of this case was extinguished by the plaintiff's repayment deposit, compulsory execution based on the judgment of this case shall be dismissed.

3. On December 22, 2017, the Defendant rendered a judgment on the Defendant’s assertion: (a) withdrawn the Defendant’s claim against the Plaintiff on December 22, 2017, the Seoul Eastern District Court (2017TTTTT 58791) and cancelled its execution upon the Plaintiff’s deposit for repayment; (b) thus, the Plaintiff’s claim

(B) The Plaintiff asserts to the effect that there is no interest in the lawsuit.

On the other hand, a lawsuit of objection under Article 44 of the Civil Execution Act is a lawsuit that excludes the executory power of the executory power of the executory power on the ground of an objection raised against the claim indicated in the executory power, and not necessarily can be brought only when the executory power of the executory power is performed individually. The defendant cannot be deemed excluded from the executory power of the executory power of the executory power solely on the ground that the defendant withdraws the case of request for seizure and collection order against the plaintiff and cancelled its execution

참조조문

-민사집행법 제44조

유사 판례

-수원지방법원 오산시법원 2017.04.27 2017가단98

-인천지방법원 2014.09.04 2013가합21198

-춘천지방법원강릉지원 2019.11.05 2019나293

-춘천지방법원강릉지원 2019.03.05 2018가단4204

-제주지방법원 2016.11.18 2016가단9178