1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for the following additional determination, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that since the attachment and assignment order of the instant claim and the instant payment order have become final and conclusive, res judicata as to the claim to return the lease deposit has occurred, the plaintiff cannot contest the non-existence or non-existence of the claim to return the lease deposit through a lawsuit of objection raised by the plaintiff.

On the other hand, since res judicata takes effect in a final judgment, there is no room for res judicata even if the attachment and assignment order of this case became final and conclusive, and Article 474 of the Civil Procedure Act provides that the final and conclusive payment order has the same effect as the final and conclusive judgment. However, unlike Article 44(2) of the Civil Execution Act, which restricts the grounds for objection against a claim against a final and conclusive judgment to be incurred after the closure of pleadings, Article 58(3) of the Civil Execution Act provides that the above Article 44(2) does not apply to the assertion of objection against a claim against a payment order. Thus, the grounds for failure or invalidation of a claim arising before the issuance of a payment order may be asserted in a lawsuit of objection

In this sense, res judicata is not recognized in the payment order of this case.

(See Supreme Court Decision 2006Da73966 Decided July 9, 2009). Therefore, the Defendant’s above assertion is without merit.

3. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.