1. The instant lawsuit shall be dismissed.

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

1. The loan certificate which served as the basis for the payment order of this case asserted by the plaintiff is invalid pursuant to Article 104 of the Civil Act because the defendant was delivered to the defendant by using the plaintiff's mental handicap. There is no fact that the plaintiff borrowed money to the defendant.

Compulsory execution under the payment order of this case shall not be permitted.

2. We examine ex officio the lawfulness of the instant lawsuit.

A lawsuit of demurrer is seeking the exclusion of the general executory power of executive titles.

There is no benefit in a lawsuit to seek non-permission of the compulsory execution by a lawsuit of demurrer after the compulsory execution under the executive title has been completed as a whole.

(see, e.g., Supreme Court Decision 96Da52489, Apr. 25, 1997). The fact that the Defendant received all of the money from the bank in the course of compulsory execution under the instant payment order from the bank does not conflict between the parties, and accordingly, it is reasonable to view that the compulsory execution procedure under the instant payment order has been completed as a whole.

Since compulsory execution under the payment order of this case has been completed as a whole, the lawsuit of this case has no interest in filing a lawsuit seeking the denial of compulsory execution.

(3) The lawsuit of this case is dismissed on the ground that the lawsuit of this case is not in interest of lawsuit and is not in interest of lawsuit. Thus, the lawsuit of this case is dismissed.