1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 29, 2016, the Defendant filed a lawsuit seeking payment of KRW 921,801,907 for the construction cost related to the new construction works and separate construction works of the Cvalescent hospital as the Gwangju District Court 2016 Gohap5021, which was decided to commence rehabilitation procedures, and appointed B as the administrator. The Defendant filed a lawsuit with the Gwangju District Court 2014Gahap8570, Sept. 29, 2016.

B. On May 29, 2015, the said court closed the pleadings, and on June 12, 2015, rendered a judgment that “A shall pay to the Defendant 921,801,907 won and interest thereon at the rate of 20% per annum from November 13, 2014 to the date of full payment” (hereinafter “prior judgment”), and on July 4, 2015, prior judgment became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 7-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion (1) the Defendant and A concluded a contract for construction work amounting to KRW 2.2 billion, and A fully repaid the construction price to the Defendant.

(2) In addition, since the contract documents for construction works made under the name of the defendant and A are forged documents by the defendant, or those documents in collusion with the defendant and D (the actual operator of A) are false documents, A has no obligation to pay the contract price to the defendant.

(3) Therefore, since there is no claim of the defendant recognized in the preceding judgment, the plaintiff is entitled to the exclusion of the executory power of the preceding judgment as a trustee of A.

B. (1) Determination (1) In a case where a title of enforcement against A’s assertion of performance of construction price obligations is final and conclusive in a lawsuit of demurrer, the reason should arise after the conclusion of the fact-finding proceedings in the relevant lawsuit, and the circumstances arising earlier should be the circumstance that the obligor was unaware of such circumstances, and did not assert it before the conclusion of pleadings,

shall not be the ground for the objection of the claim, even if any.

Supreme Court Decision 200