logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2019.08.27 2019가단50493
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Comprehensively taking account of the purport of the entire argument in the statement in Eul evidence No. 2, the defendant was sentenced to the judgment that the defendant paid to the plaintiff 30,492,000 won and the amount calculated at the rate of 15% per annum from April 3, 2018 to the date of complete payment (hereinafter referred to as "final judgment in this case") on September 20, 2018 at this Court Decision 201Da53181, Sept. 20, 2018. The above judgment can be recognized as the fact that the final judgment in this case became final and conclusive on October 12, 2018 (hereinafter referred to as "final judgment in this case").

The Plaintiff asserts to the effect that in the previous suit of this case, the contract submitted by the Defendant as evidence is different from the contract contents between the Plaintiff and C, and that compulsory execution based on the final judgment of this case should not be denied, since the amount claimed by the Defendant as a brokerage fee of the above contract is

However, 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, the reason should arise after the closure of pleadings in the relevant lawsuit, and even if an obligor was unaware of such circumstances without fault and was unable to assert it before the closure of pleadings, the circumstance that occurred earlier may not be considered as the ground for objection (see, e.g., Supreme Court Decision 2005Da12728, May 27, 2005). Even in the Plaintiff’s assertion, the reason alleged by the Plaintiff arose before the closure of arguments in the final and conclusive judgment of this case, and thus, the Plaintiff’s assertion is without merit without need to

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

arrow