A. In around 2007, the Defendant filed a claim against the Plaintiff for the purchase of goods with the Incheon District Court Branch Branch of 2007Gau100489, and the above court rendered on July 25, 2008, that “the Plaintiff shall pay to the Defendant the amount calculated by the rate of 20% per annum from June 19, 2008 to the date of full payment” and the above judgment became final and conclusive as it is.

Service on the plaintiff was served by public notice in the lawsuit above.

(hereinafter referred to as the “instant judgment,” and the Defendant’s claim against the Plaintiff (hereinafter referred to as the “instant claim”). B.

In around 2012, the Plaintiff filed a petition for bankruptcy and immunity with Suwon District Court No. 2012Hadan3279, 2012, 3279, and the said court decided to grant immunity to the Plaintiff on October 30, 2013.

At the time, the plaintiff did not enter the defendant in the list of creditors submitted while filing an application for bankruptcy and immunity.

C. Meanwhile, according to the instant judgment, the Defendant received a collection order for the attachment and collection of the Plaintiff’s deposit claim No. 2017TT 7088 from the Incheon District Court, and collected KRW 4,175,08 among the Plaintiff’s deposit claims.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. On the part of the instant lawsuit’s completion of enforcement ex officio, we examine the part on which the Plaintiff’s partial compulsory execution against the Defendant was completed.

In general, if compulsory execution based on executive titles has been completed as a whole and the creditor has already been satisfied, there is no interest in a lawsuit seeking the denial of such compulsory execution by a lawsuit of demurrer against a claim.

(see, e.g., Supreme Court Decision 96Da52489, Apr. 25, 1997). In addition, even in the case where a compulsory execution against a part of the amount of an executive title is terminated, there is no benefit of a lawsuit seeking the denial of compulsory execution by filing a lawsuit of demurrer to the said part, and the said part is dismissed, and it is limited to the part for which the execution has not yet been completed.