1. The instant lawsuit shall be dismissed.

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

1. In fact, the defendant filed a lawsuit against the plaintiff as Suwon District Court 2019Kadan543, which declared that "the plaintiff (A) shall pay 20 million won to the defendant (B) and 5% per annum from May 22, 2019 to December 20, 2019, and 12% per annum from the next day to the day of full payment" (hereinafter "the judgment of the court of first instance on the provisional execution of this case"). On December 20, 2019, the above court rendered a judgment of provisional execution with the purport that "the plaintiff (A) shall pay 20 million won to the defendant (B) and the amount calculated at the rate of 12% per annum from the next day to the day of full payment" (hereinafter "the judgment of the court of first instance on the provisional execution of this case"). The plaintiff's appeal against the above judgment

The defendant received a collection order for the seizure and collection of the claim, as stated below, by designating the judgment of the first instance court of the provisional execution of this case as the executive title.

On May 28, 2020 on May 25, 2020, the date of cancellation of execution on the date of application for cancellation of execution on the date of case number decision, Busan District Court 2020TTTT 50067, May 25, 2020, Busan District Court 2020TT 52376, February 17, 2020, June 12, 2020, Busan District Court 2020TT 58268, May 29, 2020 on June 22, 2020, the Defendant collected KRW 303,4053,70 from the garnishee on May 22, 2020, based on the collection order under the claim seizure and collection order under the Busan District Court 202TTT 52376, and the collection order under the collection order under the condition as to June 12, 2020.

On May 29, 2020, the Plaintiff deposited KRW 17,102,932 of the remaining obligations pursuant to the first instance judgment of the judgment of the first instance court of the provisional execution of this case with the Defendant as the principal deposit money No. 1869 in 2020.

[Ground of recognition] Facts without dispute, significant facts in this court, entry of Gap evidence 1 to 4, purport of whole pleadings

2. An ex officio determination as to the legitimacy of the instant lawsuit is based on the following grounds: (a) the Plaintiff filed an objection to the instant claim on the ground that the repayment of the obligation pursuant to the judgment of the first instance court of the judgment of the provisional execution of the instant case has been completed; and (b

However, a lawsuit of objection is subject to compulsory execution based on a final judgment (Article 44(1) of the Civil Execution Act), and a provisional execution declaration.