The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport.

Opinions of the Parties

A. The defendant's assertion that the plaintiff's claim was filed against the plaintiff and extinguished by the expiration of ten years from December 17, 1998, which was the final and conclusive date of the above judgment, since the defendant's claim based on the decision of 98Gau1669, Daegu District Court of Daegu, Kimcheon-si, Kimcheon-si, 169, which was the final and conclusive date of the above judgment.

B. Since extinctive prescription of the above claim based on the seizure and collection order has been suspended two times after the above judgment of the defendant's assertion became final and conclusive, the plaintiff cannot respond to the plaintiff's request.

2. Determination

A. The defendant brought a lawsuit against the plaintiff against the plaintiff as the Daegu District Court, Kimcheon-si, 98Gao1669, and the above court rendered a favorable judgment on October 29, 1998 that "the plaintiff shall pay to the defendant 15,268,60 won per annum from January 1, 1998 to October 21, 1998, and the amount at the rate of 25 percent per annum from the next day to the full payment date" with the contents that "the plaintiff shall pay to the defendant 15,268,60 won, and the amount at the rate of 15 percent per annum from the next day to December 17, 1998, the fact that the above judgment became final and conclusive on December 17, 1998 is without dispute between the parties, or it is evident that the whole purport of arguments in Gap evidence No. 2 was added to the record date, and the ten-year lapse from the above judgment is clear.

B. However, if the purport of the whole pleadings is added to the evidence Nos. 2-1, 2, and 3-1, and 2 of the evidence Nos. 2-1, 3-2, the defendant applied for a seizure and collection order with the above judgment as the executive title on April 23, 2004, and issued a seizure and collection order with respect to the plaintiff's national bank, etc. as of April 27, 2004 (Seoul District Court Kimcheon-do Branch Office 2004TT). The above seizure and collection order was issued against the third debtor at that time, and each of the above orders was served on the debtor as the debtor on June 4, 2004. Further, the defendant applied for a seizure and collection order with the above judgment as the executive title on April 28, 2014, and re-written as of April 30, 2014.