1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Facts of recognition;

A. The Defendant filed against the Plaintiff and the Plaintiff’s representative in-house director C an application for the payment order for the amount of reimbursement claim No. 2016 tea 1178 (hereinafter “instant payment order”).

On June 2, 2016, the instant payment order became final and conclusive on June 17, 2016 because the Plaintiff was served with a payment order issued by the said court.

B. The Defendant transferred the instant payment order claim against the Plaintiff to Nonparty D, and D had the instant payment execution clause granted to the Plaintiff as the executive title of the instant payment order and applied for the Busan District Court’s 2016 Other Bonds 1823 and the collection order.

C. On December 13, 2016, the Plaintiff filed a lawsuit of demurrer against the Busan District Court-dong Branch 2016da213840, and the said court rendered a judgment in favor of a non- pleadings that “the compulsory execution based on the original copy of the payment order with the executory power of the claim amount case No. 2016Da11788,” against the Plaintiff of the Dispute Resolution Co., Ltd. was final and conclusive on January 9, 2017.

(hereinafter “former Judgment”) d.

After the judgment was rendered by the Defendant, the Defendant acquired the instant payment order bond from the Busan District Court D on July 31, 2018, and executed the instant payment order by accepting the Busan District Court's order for seizure and collection of the claim 2018TT 8966 on July 31,

[Ground of recognition] Unsatisfy, entry of Gap 1 or 6 evidence (including additional number), purport of the whole pleadings

2. We look at the interests of the lawsuit prior to the judgment on the merits, and according to the above facts of recognition, the defendant, after the judgment was rendered by the court below, is the successor to whom the claim for the payment order of this case was acquired by the administrator of the dispute resolution council and the plaintiff's res judicata effect of the judgment prior to the decision against the administrator of the dispute resolution council D

In addition, the plaintiff already received a final and conclusive judgment in favor of the defendant by seeking to exclude the executory power of the payment order of this case. The claim of this case against the defendant who has res judicata effect of the previous judgment is unlawful as there is no benefit of lawsuit.

Ultimately, the instant lawsuit is filed.