1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 16, 2012, the Defendant lent KRW 200 million to C, and at the time, the Plaintiff jointly and severally guaranteed the above loan obligation of C.

B. On November 18, 2013, the Defendant filed a lawsuit against C and the Plaintiff for the claim for loans, etc. of KRW 140 million (hereinafter “instant lawsuit”). On July 25, 2014, the said court accepted the Plaintiff’s claim for reimbursement of KRW 35 million, a joint and several surety, and sentenced C and the Plaintiff “C jointly and severally pay KRW 15 million to the Defendant” (hereinafter “instant judgment”) (hereinafter “instant judgment”), and the instant judgment became final and conclusive on August 15, 2014, as it is, as it became final and conclusive on August 15, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant was paid the above loan amounting to KRW 60 million, in addition to the above loan amounting to KRW 90 million, the defendant directly received KRW 10 million from C, and received KRW 10 million from D upon C's request, and the defendant paid KRW 35 million from the plaintiff who is a joint and several surety and paid the above loan amount to KRW 35 million to the defendant's above loan amount to KRW 5 million.

In addition, if C offsets a claim of KRW 7,610,00 against the Defendant’s above loans that remains, all of the Defendant’s loans are extinguished, and even though C receives more KRW 2,610,000 from the Defendant, the Defendant concealed the claim and filed the instant lawsuit, and received the instant judgment.

Therefore, since the contents of the judgment of this case are contrary to substantive legal relations and compulsory execution by the judgment constitutes abuse of rights, compulsory execution based on the judgment of this case should be denied.

B. In a case where the executive titles subject to an objection in a lawsuit of demurrer 1 are final and conclusive, the grounds thereof shall accrue after the conclusion of the fact-finding proceedings in the relevant lawsuit.