청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the court's explanation concerning this case are as follows: "the plaintiff" in the third part of the judgment of the first instance, "the defendant" in the third part of the judgment of the first instance, "the defendant" in the fourth part, "the plaintiff in the fourth part," "the plaintiff in the fourth part," "the plaintiff in the fourth part," "the defendant in the fifth part," "the defendant in the fifth part," "the defendant in the second part," "the defendant in the second part," "the defendant in the second part," and the part concerning the plaintiff's claim in the second part of the judgment of the first instance (hereinafter "B"), the part concerning the plaintiff's claim against the defendant in the second part except for the part concerning the plaintiff's claim against the defendant in the second part of the judgment of the first instance (hereinafter "D"), the part concerning the plaintiff's claim against the defendant in the second part of the judgment of the first instance except for the part concerning the plaintiff's claim against the
2. Additional determination
A. The above execution claim is extinguished as the settlement between B and D with respect to the execution claim on the Notarial Deed of this case is completed by the agreement and the second agreement of this case and the final judgment of the plaintiff company. Furthermore, since the payment order of this case and the execution claim on the damages for delay in the decision on the collection amount of this case were all extinguished, there is a benefit to file a lawsuit seeking objection against the claim on the Notarial Deed of this case, which is the preceding executive title, in order to seek objection against the execution title.
B. According to Article 231 of the Civil Execution Act, where an assignment order has become final and conclusive, an execution claim equivalent to the face value is deemed to have been repaid to the execution creditor as long as the entire claim exists, and is retroactively extinguished from the time when the assignment order was served to the third debtor. As seen earlier, it shall be deemed that the assignment order of this case, the execution claim amounting to KRW 2.87 billion on the execution claim on the notarial deed of this case, which is KRW 2.7 billion, was fully repaid upon the confirmation of the claim amount.