1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The defendant filed a lawsuit against the plaintiff as Seoul Central District Court 2008Kadan202162, and the above court rendered a judgment on February 10, 2010 that "the plaintiff shall pay to the defendant 70 million won and 36% per annum from June 19, 2006 to June 29, 2007 and 30% per annum from the next day to the day of full payment."

The above judgment became final and conclusive on December 13, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the lawsuit filed against the instant claim is lawful

(a) In cases where a claim on the title of execution satisfies the requirements for setting up against the assignee, the standing to be a party to execution shall be changed to the assignee, and the obligee becomes the assignee according to the fact that the assignee obtains succession execution clause, and thus the existing executive titles against the transferor shall be extinguished due to the grant of succession execution clause

Therefore, a subsequent suit of objection filed against a transferor is unlawful as there is no benefit of protection of rights, because it is filed against a non-qualified person, or seeks to exclude executive force of executive titles already extinguished.

B. (Supreme Court Decision 2005Da23889 Decided February 1, 2008, etc.).

According to the facts that claims based on the above judgment against the defendant against the plaintiff were transferred to C, there is no dispute between the parties, and C is recognized on November 21, 2016 by the senior court clerk of the Seoul Northern District Court to grant the execution clause to succession to the original copy of the above judgment.

C. If so, the execution creditor of the claim based on the above judgment becomes final and conclusive as C as the assignee, and the executory power of the above judgment as the transferor's executive title against the defendant was extinguished.

Therefore, a lawsuit of objection of this case is filed against a person without standing to be the defendant, or seek the exclusion of the executive force of the title which has already been extinguished.