The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. For reasons indicated in its reasoning, the court below held that the result of the instant payment order and the instant claim objection suit, the Defendant’s executive title, obtained the Plaintiff’s right and procedural right from fundamental infringement, and thus, the Plaintiff’s new representative again filed a suit of objection on behalf of the Plaintiff that “The Defendant’s continuing execution by using the executive title is not allowed as an abuse of rights in itself, even though the judgment of conviction of breach of trust was rendered after the final and conclusive judgment of the previous objection suit was rendered.” The Defendant’s compulsory execution based on the instant payment order constitutes an abuse of rights as an act of realizing criminal benefits with the executive title acquired by criminal act, and at the same time, constitutes an abuse of rights, and at the same time, the Defendant ordered the Defendant to return the money received by the Defendant through compulsory execution based on the instant payment order as compensation for damages based on the tort.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by misapprehending the legal doctrine regarding the lawsuit of demurrer, res judicata of final and conclusive judgment, requirements for establishing a crime of breach of trust by a non-identification, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, etc.

2. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.