The defendant's judgment of Gwangju High Court on December 14, 2017 is based on the decision of 2015Na1470, 1487.

The judgment of this case became final and conclusive between the plaintiff and the defendant, and there is no dispute between the parties that the plaintiff paid all the money to the defendant in the above judgment, compulsory execution based on the part ordering the payment of money among the above judgment shall be dismissed.

However, in the judgment of this case, there are parts ordering the delivery of movable property, and since the plaintiff did not assert or prove the fact that it was implemented, this part of the claim is rejected.

The defendant asserts to the effect that since the plaintiff did not pay the amount recognized in the final decision of litigation costs based on the judgment on the instant judgment, the execution of the said judgment shall not be excluded until the plaintiff pays it.

However, a judgment on the cost of lawsuit is limited to determining the existence of the obligation to reimburse the costs of lawsuit and ordering the payment thereof, and the amount thereof is subject to a decision on the determination of the amount of costs of lawsuit pursuant to Article 110 of the Civil Procedure Act upon the application of the parties. Thus, the judgment on the cost of lawsuit cannot serve as the executive title of the right to claim the reimbursement of costs of lawsuit, and therefore,

(Supreme Court Decision 2004Reda818 Decided October 12, 2006). Therefore, in order to exclude the executory power of the instant judgment, the Defendant’s above assertion is not acceptable.