1. All the counterclaims filed by the Defendant (Counterclaim Plaintiff, and Plaintiff for reexamination) in the lawsuit and the trial of the instant case shall be dismissed.

1. The following facts, such as the confirmation of the judgment subject to a retrial, are apparent to this court or the records.

On October 12, 2004, the plaintiff filed a lawsuit against the defendant and B, and on May 17, 2006, the Changwon District Court rendered a judgment that "The defendant shall pay the plaintiff 81,00,000 won, the 12% interest per annum from July 8, 2004 to October 18, 2004, and the 20% interest per annum from the next day to the day of full payment." The defendant shall pay 30,000,000 won out of the above and each of the above amounts, and 5% interest per annum from July 21, 2004 to May 17, 2006 to the day of full payment, and 20% interest per annum from the next day to the day of full payment."

(C) On July 4, 2007, the appellate court closed the pleadings on May 11, 2007 and rendered a judgment dismissing the Defendant’s appeal (Seoul High Court Decision 2006Na13582) and the appellate court’s judgment became final and conclusive on July 27, 2007.

B. On June 30, 2016, a final and conclusive defendant filed a lawsuit of demurrer against the plaintiff to the effect that compulsory execution based on the judgment in a prior suit shall not be permitted. However, the first instance court rendered a ruling dismissing the appeal on December 6, 2016 (Seoul District Court 2016Da104671). Although the defendant appealed against it, the appellate court dismissed the appeal on May 23, 2017 after closing the pleadings on May 2, 2017 (Seoul District Court 2017Na5000), and the defendant appealed again on January 3, 2019, but the final and conclusive appeal was dismissed on October 12, 2017 (Supreme Court 2017Da237278). The final and conclusive judgment dismissing the final and conclusive judgment by the defendant on October 16, 2017 (Supreme Court 2017Da23788).

C. On May 3, 2016, the Plaintiff became final and conclusive in the judgment subject to a retrial, as to KRW 30,000,000 among the claims against the Defendant based on the judgment prior to a prior suit, from July 21, 2004.