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

As the cause of the instant claim, the Plaintiff asserts that, in the instant case involving the Plaintiff’s 2013da64305 Union members’ special meeting service costs, the judgment of provisional execution ordering the Plaintiff to pay KRW 77,00,000 to the Defendant and damages for delay therefrom was rendered on July 25, 2014 (hereinafter “instant judgment”), and that, as the Plaintiff made a reimbursement deposit in accordance with the instant judgment on December 12, 2014, compulsory execution based on the Defendant’s judgment should be denied.

However, Article 44(1) of the Civil Execution Act provides, “Where an obligor raises an objection to a claim finalized by a judgment, he/she shall file a lawsuit for objection to the claim with the court of first instance.” Thus, in cases where an executive title is a final and conclusive judgment with a declaration of provisional execution, he/she may file a lawsuit for objection to the claim after the judgment becomes final and conclusive, and it is not allowed to file a lawsuit for objection to the executive force by filing a lawsuit for objection to the claim

Therefore, even if the plaintiff's assertion itself is based on the plaintiff's assertion, the plaintiff filed an appeal against the judgment of this case and continued to exist in this court as 2014Na22989. Accordingly, the judgment of this case for which the plaintiff sought to refuse to enforce the judgment of this case has not become final and conclusive.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.