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(영문) 서울중앙지방법원 2019.11.01 2019가단31038
청구이의의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

On the ground of the decision to grant immunity, the Plaintiff seeks enforcement of the payment order against the Defendant’s Plaintiff in Seoul Central District Court Decision 2018 tea18534.

However, in the foregoing case, it is confirmed that the payment order issued by the court on July 13, 2018 was served on the Plaintiff on April 16, 2019, but the Plaintiff filed an objection on April 29, 2019, and the said case was submitted to the litigation procedure.

An order for payment shall have the same effect as a final and conclusive judgment when there is no objection, withdrawal of an objection, or a decision to dismiss an objection becomes final and conclusive (Article 474 of the Civil Procedure Act), and since an order for payment in a final and conclusive state cannot serve as an effective executive title, a lawsuit of objection demanding the exclusion of

(See Supreme Court Decision 2012Da70012 Decided November 15, 2012). Therefore, the instant lawsuit is dismissed as it is unlawful and thus, is dismissed.

(Plaintiffs can claim the effect of immunity in litigation proceedings 2019 Ghana1798635).

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