1. The plaintiff's claim is dismissed.

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

The Plaintiff asserts that, on May 17, 2016, the Plaintiff was declared bankrupt and the decision of immunity was rendered (the District Court Decision 2015Hau253, 2015Hau253, 2015, 253), and that, in that case, the Plaintiff was not aware of the Defendant’s claim against the Plaintiff and did not allow compulsory execution based on the judgment.

However, in a case where a judgment becomes final and conclusive, the existence of a claim subject to res judicata becomes final and conclusive and the executory power is generated accordingly. Thus, in a case where a title of claim subject to an objection in a lawsuit of demurrer is final and conclusive, the grounds should accrue after the fact-finding hearing of the lawsuit in question. The circumstances arising earlier should not be deemed as the grounds for objection even if the obligor was unaware of such circumstances and was unable to assert it before the closing of argument without fault.

(see, e.g., Supreme Court Decision 2005Da12728, Jan. 19, 2005). The date of the closing of argument in the loan case is January 12, 2010, and the adjudication of bankruptcy and the decision of immunity against the Plaintiff was previously made, and thus, the fact that the decision of immunity was made cannot be the grounds for objection to the above judgment.

Thus, the plaintiff's claim is dismissed as it is without merit.