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

A. The Defendant filed a lawsuit against D and C Co., Ltd. (hereinafter “C”), and rendered a judgment that included the following: (a) the Defendant jointly and severally filed a lawsuit against D and C Co., Ltd. (hereinafter “C”); (b) the Defendant is jointly and severally held that D and C shall pay 300 million won per annum from July 2, 2013 to April 17, 2014; and (c) the amount of money calculated at the rate of 20% per annum from the next day to the date of full payment (C) and the judgment became final and conclusive around that time.

(The above judgment (hereinafter referred to as "the executive title of this case"). B.

The Defendant, as an executor creditor against C based on the instant enforcement title, filed a lawsuit seeking the payment of the construction cost claim against the Plaintiff against the Plaintiff, which is the collection claim, and received a judgment ordering the Plaintiff to pay the Defendant the amount of KRW 62,278,816 and the delay damages therefor (Supreme Court Decision 2014Gahap69675 Decided January 13, 2017), and this judgment became final and conclusive on October 30, 2017.

[Reasons for Recognition] Unsatisfy, Eul evidence 1 to 5 (including virtual number), the purport of the whole pleadings

2. The defendant, who is jointly and severally liable for the plaintiff's assertion, was paid the full amount of the claims indicated in the executive title D, and the plaintiff seeks exclusion of the above executive title from the executive title.

3. A lawsuit of demurrer may be brought by a person indicated as a debtor on the title of execution, or by a person executory power for other reasons such as the succession of an obligation, etc. (Supreme Court Decision 91Da41620 Decided April 10, 1992). Such a person’s creditor may also file a lawsuit of objection based on the subrogation right of a creditor.

However, the obligor of the title of this case is C, and the Plaintiff did not succeed to the obligation.

The plaintiff clearly stated that the plaintiff filed a lawsuit of demurrer in subrogation of C at the 6th day of pleading of this case, but did not specifically claim and prove the preserved claim, that is, the claim against C, and thus, the requirements for the lawsuit of this case are satisfied.