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

Purport of claim and appeal

The first instance court.

A. The plaintiff asserts that, the compulsory execution based on the judgment of this case shall not be allowed since the plaintiff's claim was based on the claim arising in relation to the check on April 22, 2003, which was delivered by the plaintiff to the defendant's wife C, as the plaintiff delivered to the defendant's wife C on June 21, 2006, and the above statement of the party shares was paid normally from the party's account on April 22, 2003, and the above statement of the party shares was fully paid and all the claim was the cause of the claim of this case.

Article 44(1) of the Civil Procedure Act provides that “A person who intends to raise an objection against a claim finalized by a judgment shall file a lawsuit for objection to the court of first instance” (Article 44(1)) and Paragraph (2) of the same Article provides that “The objection under paragraph (1) shall have arisen after the ground for objection has been concluded (in the case of a judgment without holding any pleadings,

However, the above grounds alleged by the Plaintiff are all the grounds that occurred before June 21, 2006, for which the judgment of this case was rendered, and thus, it cannot be the grounds for filing an objection to the judgment of this case.

B. In addition, the Plaintiff’s judgment of this case was rendered by public notice and the Plaintiff’s judgment was rendered by public notice.

Although there are reasons such as the statement in this case, the defendant asserts that compulsory execution against the plaintiff based on the judgment in this case constitutes abuse of rights and its enforcement should be excluded.

When a judgment becomes final and conclusive, the existence of a claim subject to res judicata becomes final and conclusive, and there is executory power depending on its contents.

However, even if the right is based on the final and conclusive judgment, it should be exercised in good faith and it is not permitted when the enforcement based on the judgment becomes an abuse of rights.