1. The plaintiff's claim is dismissed.

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

1. The defendant filed a lawsuit against the plaintiff, who is the principal debtor B and joint guarantor, as the court 2004 Ghana76353, and this court rendered a judgment on September 14, 2004 that "the defendant shall pay to the plaintiff 8,097,984 won and the amount calculated by the rate of 12.9% per annum from May 7, 2004 to June 6, 2004, and 22% per annum from the next day to the day of full payment."

The above judgment was finalized on October 1, 2004.

(B) On July 17, 2004, the claim against B was concluded by the final decision on performance recommendation. Upon the lapse of the ten-year statute of limitations from the time the said decision became final and conclusive, the Defendant filed a lawsuit against the Plaintiff again seeking a loan under this Court No. 2015 Ghana12573, and this Court rendered a judgment on February 16, 2016, after closing the pleadings on February 2, 2016.

The above judgment became final and conclusive around that time.

(hereinafter referred to as “the final judgment of this case”). 【No dispute exists, Gap 1, 2, and 3 evidence, and the purport of the whole pleadings.”

2. Determination as to the cause of action

A. The Defendant’s claim pursuant to the judgment 2004Gapo76353 Decided the Plaintiff’s claim was extinguished ten years after the date when the judgment became final and conclusive.

After the completion of the extinctive prescription of a claim, the Defendant applied for a payment order against the Plaintiff for an extension of prescription and received the final judgment of this case. Therefore, compulsory execution based on the final judgment of this case shall not be permitted.

B. In a case where an executive title subject to an objection in a lawsuit claiming a judgment is a final and conclusive judgment, the reason should have arisen after the closure of pleadings in the relevant lawsuit. Moreover, even if the debtor was unaware of such circumstance and was unable to assert it before the closure of pleadings, the circumstance that occurred earlier cannot be deemed as the ground for objection, even if the debtor was unaware of such circumstance, and

(See Article 44(2) of the Civil Execution Act, Supreme Court Decision 2005Da12728 Decided May 27, 2005). The Plaintiff’s objection is raised.