1. Of the instant lawsuit, the Defendant’s Changwon District Court Decision 2017Gau 16519 decision against the Plaintiff.

1. Basic facts

A. The Defendant filed a claim for the purchase price against the Plaintiff as the court No. 2017 Ghana 16519.

B. On September 21, 2017, a decision on performance recommendation (hereinafter “instant decision on performance recommendation”) was made on September 21, 2017, stating that “the Plaintiff shall pay KRW 6,877,200 to the Defendant and the delay damages therefrom,” and became final and conclusive on October 31, 2017.

[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings

2. We examine the legitimacy of the part of the instant lawsuit, which seeks non-permission of compulsory execution, ex officio, of the part on which the Plaintiff seeks non-permission of compulsory execution based on the decision on performance recommendation of this case.

There is no benefit to seek non-permission of the compulsory execution by a lawsuit of demurrer any longer after the creditor obtains satisfaction after the compulsory execution based on the executive title has been completed as a whole.

(See Supreme Court Decision 2013Da82043 Decided May 29, 2014, etc.). With respect to the instant case, the fact that the Defendant received reimbursement of KRW 1,885,00 in accordance with the execution recommendation decision of the instant case according to the compulsory execution procedure can be acknowledged by comprehensively taking into account the purport of the entire pleadings in the statement No. 1 of the evidence No. B.

Therefore, this part is unlawful as there is no benefit to seek the denial of compulsory execution by the plaintiff's lawsuit of objection.

3. In the case of a final and conclusive payment order on the merits, the grounds for failure or invalidation that occurred prior to the issuance of the payment order may be asserted in a lawsuit of objection against the payment order with respect to the claims which are the grounds for the claim of the payment order. In such lawsuit of objection, the burden of proof as to the grounds for objection to the claim shall be in accordance with the principle of sharing the burden of proof in the general civil procedure.

Therefore, there is an objection to the claim for the final payment order.