1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. On January 23, 2007, the Defendant and G filed a lawsuit against F and B on the claim for a loan with the Suwon District Court of Suwon District Court of 2005da10758, and sentenced on January 23, 2007, “F shall pay to the Defendant the amount of KRW 25,00,000 and the amount calculated at the rate of 5% per annum from June 15, 1999 to September 26, 2005, and 20% per annum from the next day to September 26, 2005” (the closing date of the pleadings is December 19, 2006), and the judgment between the Defendant and F became final and conclusive around that time.

B. Since then, F has died, and the inheritor has the Plaintiff, B, C, and D, her husband.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 17, Eul evidence 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion F, who borrowed money from the Defendant, is not KRW 25,00,000, not KRW 15,000,000, and the said money has already been repaid on or around September 2003, the Plaintiff, the heir of the network F, is entitled to deny compulsory execution based on the above judgment.

B. In a case where an executive title, which is the object of an objection in a lawsuit claiming a judgment, is final and conclusive, the reason should arise after the closure of pleadings in the relevant lawsuit (Article 44(2) of the Civil Execution Act), and even if the obligor was unaware of such circumstance without fault and was unable to assert it before the closure of pleadings, the circumstance that occurred earlier cannot be said to be the ground for objection.

(2) The grounds alleged by the Plaintiff are as follows: (a) the grounds alleged by the Plaintiff are apparent that it occurred before the closing of argument in the instant case, even if it is factually established; and (b) the Plaintiff’s assertion itself does not constitute a ground for objection to the said final judgment. Therefore, the Plaintiff’s assertion is without merit without further review.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is with this conclusion.