1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff for design expenses, etc. with the Daegu District Court 2018Gahap767, and on September 20, 2018, the said court rendered a judgment with the declaration of provisional execution (hereinafter “the judgment of this case”) that “the Plaintiff shall pay to the Defendant the amount of KRW 1,068,759,120 and the interest calculated at the rate of 15% per annum from July 22, 2018 to the date of full payment.”

B. The Plaintiff filed a subsequent appeal against the instant judgment, and is currently pending in the said appellate trial (Seoul High Court 2018Na429).

[Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7 (including each number), the purport of the whole pleadings

2. In the event that the Plaintiff’s assertion exceeds the amount of design expenses to be paid to the Defendant according to the instant judgment, the penalty for delay, the deductible amount due to non-performance of design, and the amount of damages due to non-performance of design exceeds the amount of the damages to be paid to the Plaintiff, there is no design expenses to be paid to the Defendant, and thus, the Plaintiff is entitled

3. Determination as to the defendant's defense prior to the merits

A. The Defendant’s defense prior to the merits is unlawful as it has no standing to file a lawsuit seeking objection.

B. A judgment with a declaration of provisional execution cannot bring an objection to a claim unless the judgment becomes final and conclusive (see Article 44(1) of the Civil Execution Act). An obligor may, by filing an appeal, exclude the executory power of the judgment by disputing the existence or scope of the claim and obtain a decision suspending the execution of the judgment.

(see, e.g., Supreme Court Decision 2013Da86403, Apr. 23, 2015). The Plaintiff filed an appeal for the subsequent completion of the instant judgment and continuing an appellate trial (Seoul High Court 2018Na429) is as seen earlier. As such, the Plaintiff raised an objection against the judgment of the first instance court with no finalized provisional execution.