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

A. The Defendant filed a lawsuit against the Plaintiff and B with the Seoul Central District Court No. 2015Gahap57311, 2016Gahap50387, Nov. 3, 2016 to seek payment of the agreed amount. The Defendant shall pay to the Defendant the amount calculated at the rate of 15% per annum from December 12, 2015 to the date of full payment.

(2), (3) omitted.

4. Paragraph 1 can be provisionally executed.

‘The judgment was pronounced.’

B. The Defendant filed an application against the Plaintiff for a seizure and collection order based on the original copy of the above judgment with the amount claimed as KRW 570,890,410. On November 23, 2016, the Seoul Central District Court rendered a decision on the seizure and collection order as the Seoul Central District Court 2016TT12209.

C. On November 30, 2016, the Plaintiff deposited KRW 572,945,205 in total, as the Seoul Central District Court Decision No. 27840 on the above provisional execution sentence, as the sum of the principal and interest for delay.

[Reasons for Recognition] No dispute, entry of Gap evidence 1 to 3, the purport of the whole pleadings

2. We examine ex officio the legality of the instant lawsuit.

A judgment with a declaration of provisional execution may not, unless the judgment becomes final and conclusive, file an objection against a claim (Article 44(1) of the Civil Execution Act), but an obligor may, by an appeal, exclude the executory power of the judgment by disputing the existence or scope of the claim, and obtain a decision suspending the execution

(see Supreme Court Decision 2013Da86403, Apr. 23, 2015). Meanwhile, in addition to the purport of the entire pleadings as to the record of the evidence as seen earlier, the fact that the said judgment was lodged by an appeal, and the fact that the second instance court continues to exist as of the date of closing the argument in the instant case, Seoul High Court No. 2017Na201, 2017Na218, can be acknowledged.

If so, the plaintiff should obtain a decision to suspend the execution and prevent the execution under the above judgment, but the decision of the first instance court with no finalized provisional execution in this case is excluded from the enforcement force by an objection suit.