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(영문) 서울남부지방법원 2015.10.13 2015가단15881
청구이의
Text

1. The Defendant’s damages claim No. 2014,5612 against the Plaintiff (hereinafter “Plaintiff”) and damages claim No. 2014,14734 against the Plaintiff (hereinafter “Plaintiff”).

Reasons

1. The following facts are based on the following facts: (a) the Plaintiff and the Defendant did not dispute each other; or (b) the entries in the evidence No. 1, No. 2, and No. 1, and the purport of the entire pleadings can be acknowledged in full view of the purport of the pleadings.

The Defendant filed an application for a payment order on April 4, 2014, with the Plaintiff as the obligor and the Plaintiff’s “Court costs incurred from the guarantee of false written guarantee” as the cause of the claim for the payment order, and this Court rendered a payment order (the obligor shall pay to the obligee KRW 10250,000 per annum 20% per annum from the day following the delivery of the payment order to the day of full payment) to the day of payment. The payment order (the first payment order is from the next to the first payment order) was served on the Plaintiff on April 11, 2014, and the above payment order was served on the Plaintiff on the same year.

4. 26. Finality was established.

B. On September 3, 2014, the Defendant filed an application for a payment order with the Plaintiff as the cause of claim for “the costs of lawsuit, demand procedure, and interest arising from the guarantee of false letter of guarantee” with the Defendant’s “the obligor shall pay to the obligee KRW 19,750,650 per annum 20% per annum from the day following the service of the payment order to the day of full payment,” and “the obligor shall pay the obligee damages and the damages for delay calculated at the rate of KRW 19,750,650 per annum 20% per annum from the day following the service of the payment order to the day of full payment.” The above payment order was served on September 15, 2014, and became final and conclusive on the 30th day of the same month.

2. Assertion and determination

A. The scope of judgment and the issue of this case’s payment order are determined and the res judicata does not take place even if the issue of this case’s payment order becomes final and conclusive, and thus, the restriction based on the time limit of res judicata does not apply to a lawsuit seeking an objection to that objection. Therefore, failure or invalidation of a claim may be a ground for objection, and in the hearing of such objection, the determination of the cause of the claim stated in the payment order

Therefore, in this case, the plaintiff shall prepare a false guarantee, such as the statement of the cause of the claim for each of the first and second payment orders.

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