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(영문) 서울서부지방법원 2015.05.01 2014가합8530
청구이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

According to the evidence Nos. 8-1, 2, and 3, the appellate court (Seoul High Court 2013Na19320) of the lawsuit filed by the Defendants against the Plaintiff (Seoul High Court 2013Na19320) ordered the Plaintiff to pay KRW 48 million to the Defendant A and KRW 12 million to the Defendant C, and ordered the Defendant A to pay KRW 120 million to the Defendant, KRW 50 million to the Defendant B, and KRW 30 million to the Defendant C with respect to the claim for damages. The Plaintiff appealed against the above judgment but dismissed (Supreme Court 2014Da27593).

The Plaintiff asserts that compulsory execution based on the above judgment should be denied on the ground that the above judgment did not have any validity since it erred by misapprehending the factual relations and legal principles with regard to illegal consideration, representation, and representation.

In a case where an executive title, which is the object of an objection in a lawsuit raising an objection, is a final and conclusive judgment, an objection in relation to the res judicata can be raised only when the grounds have arisen after the closure of the pleadings at the fact-finding court of the relevant lawsuit. Moreover, even though the domestic debtor was unaware of such circumstances without fault and was unable to assert it before the closing of pleadings, the circumstance that occurred earlier cannot be deemed as the ground for

(See Supreme Court Decisions 2005Da12728 delivered on May 27, 2005, etc.). However, the Plaintiff’s aforementioned assertion is erroneous in the facts and legal matters of final and conclusive judgment, and thus, it cannot be deemed that it constitutes grounds arising after the closing of argument in a final and conclusive judgment, which is able to file a lawsuit for objection to a claim.

Therefore, the Plaintiff’s claim against the Defendants is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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