The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On January 25, 2019, the Defendant filed an application with the Plaintiff for a payment order with the Gwangju District Court Decision 2019Guj222, the Defendant received the payment order stating that “The Plaintiff shall pay to the Defendant the amount calculated at the rate of 15% per annum from July 28, 2018 to the date of full payment of KRW 332,734,891 and its amount, and the expenses for the demand procedure shall be borne by the Plaintiff (hereinafter “instant payment order”).

The instant payment order was finalized on February 12, 2019.

B. On February 25, 2019, based on the instant payment order, the Defendant filed an application for the attachment and assignment order of the claim against the Plaintiff’s claim against the Plaintiff Co., Ltd. for the attachment and assignment order of the claim amounting to KRW 362,326,346 (i.e., the principal amount of KRW 332,734,891) from July 28, 2018 to the time when the application for the attachment and assignment order of the claim was filed (hereinafter “instant assignment order”). The Defendant filed an application for the attachment and assignment order of the claim amounting to KRW 28,305,255 for the delayed payment damages incurred from the time when the application for the attachment and assignment order of the claim was filed (hereinafter “instant assignment order”). On February 26, 2019, the court accepted the application (hereinafter “instant assignment order”).

The instant assignment order was served on C on February 28, 2019, and on March 8, 2019, and became final and conclusive on March 16, 2019.

[Reasons for Recognition] Facts without dispute, entry B in the evidence of subparagraphs 1 through 6, the purport of the whole pleadings

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

There is no benefit to seek non-permission of compulsory execution by a lawsuit of demurrer any longer after the creditor obtains satisfaction of compulsory execution based on the executive title as a whole upon the termination of compulsory execution.

(See Supreme Court Decision 2013Da82043 Decided May 29, 2014). Regarding the instant case, the Health Board received the instant assignment order with respect to the entire principal of the claim following the instant payment order and damages for delay incurred until the time when the application for the attachment and assignment order was filed. Since the instant assignment order became final and conclusive, it is the same as seen earlier.