1. The instant lawsuit shall be dismissed.

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

1. As to the legitimacy of the instant lawsuit, the Plaintiff filed a lawsuit against the Defendant for the payment of the construction cost (Seoul District Court Branch Decision 2016Gahap10415) and rendered a final and conclusive judgment in favor of the Plaintiff, which ordered the payment of KRW 199,548,161 and delay damages from the said court, and the Defendant filed a lawsuit against the Plaintiff (Seoul District Court Branch Decision 2016Gahap10514) against the Plaintiff, and sentenced “the Plaintiff in this case (the Plaintiff in this case)” from the said court to the effect that “the Plaintiff (the Defendant in this case) shall pay KRW 88 million and delay damages to the Plaintiff (the Defendant in this case).” Thus, the Plaintiff’s enforcement of the instant judgment shall be excluded by asserting that there is no obligation of the Plaintiff to pay damages against the Defendant if the amount of the construction cost that the Plaintiff would have to pay from the Defendant exceeds the amount of damages that the Plaintiff would have to pay to the Defendant.

On the judgment with a declaration of provisional execution, a lawsuit of demurrer cannot be filed unless the judgment becomes final and conclusive (Article 44(1) of the Civil Execution Act). An obligor may, by appeal, exclude the executory power of the judgment by disputing the existence or scope of the claim, and obtain a decision of suspension of execution.

(See Supreme Court Decision 2013Da86403 Decided April 23, 2015. In addition to the health care room and each statement of evidence Nos. 1 through 5 with respect to the instant case, the instant judgment is recognized as having been pending in the appellate trial (Seoul High Court Decision 2017Na2064737) after the Plaintiff’s appeal (the Plaintiff also claims that the appellate trial of the instant judgment is pending in the instant complaint). Ultimately, the instant lawsuit is seeking for the exclusion of enforcement by filing a claim objection against the judgment of the first instance court with a final provisional execution order, and there is no eligibility or lawsuit.