The part against the defendant is reversed, and the judgment of the first instance corresponding to this part is revoked, and this part is revoked.

Expenses of execution not reimbursed in the compulsory execution procedure shall be separately applied for a decision to determine the amount of execution expenses to the executing court and executed the said decision as the executive title. It is unlawful that a separate lawsuit is filed against the debtor to seek the amount of money equivalent to the execution expenses.

(see, e.g., Supreme Court Order 96Da8, Aug. 21, 1996; Supreme Court Decision 2001Da26873, 26880, Jul. 27, 2001). However, the part seeking payment of KRW 6,683,978, out of the Plaintiff’s lawsuit, is unlawful as there is no benefit of lawsuit, since the Plaintiff seeks payment of KRW 6,683,978, from among the Plaintiff’s lawsuit of this case, with the Red Support of the Daejeon District Court, delegated the enforcement officer affiliated with the said court, by a separate lawsuit, which is not an application for the final decision on

Nevertheless, the lower court did not err by misapprehending this, thereby admitting the Plaintiff’s claim as to this part of the lawsuit. In so doing, the lower court erred by misapprehending the legal doctrine on the judgment of the Supreme Court as stipulated in Article 3 subparag. 2 of the Trial of Small Claims Act.

Therefore, without further proceeding to decide on the grounds of appeal, the part against the defendant among the judgment below against the defendant is reversed. Since this part of the case is sufficient for the Supreme Court to render a direct judgment pursuant to Article 437 of the Civil Procedure Act, the judgment of the court of first instance corresponding to this part shall be revoked, and this part of the lawsuit shall be dismissed, and the total costs of the lawsuit shall be borne by the losing