1. The plaintiff's claim is dismissed.

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

1. On January 15, 2008, the Defendant filed a lawsuit on the loan claim with the Gwangju District Court Decision 2007Gau41637, and sentenced the Plaintiff et al. to the Defendant to pay 20 million won and 20% interest per annum from January 16, 2008 to the day of full payment. The above judgment became final and conclusive on March 4, 2008.

(hereinafter the above lawsuit is referred to as "the existing lawsuit of this case", and the above judgment is referred to as "the judgment of this case"). / [Grounds for recognition] Gap evidence 1, Eul evidence 1, and the purport of the whole arguments and arguments as to Gap evidence 1.

2. The assertion and judgment

A. The plaintiff's assertion does not have borrowed money from the defendant, and the plaintiff raised an objection at the time of the previous lawsuit of this case, but he was a co-defendant C.

Thus, the court below rejected compulsory execution based on the judgment of this case by asserting that it was known that the judgment of this case became final and conclusive, and that it did not actively respond to the lawsuit.

B. In a case where an executive title subject to an objection in a lawsuit seeking objection is a final and conclusive judgment, 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 such circumstance before the closure of pleadings, the circumstance that occurred earlier cannot be deemed as the ground for objection, even though the obligor was unaware of such circumstance.

(See Supreme Court Decision 2005Da12728 Decided May 27, 2005, etc.). In light of the Plaintiff’s assertion itself, the above reason is based on the Plaintiff’s assertion itself, and it is a reason before the closing of argument in the instant judgment, and thus, cannot be a legitimate ground for objection.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.