1. The plaintiff's claim is dismissed.

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

1. The Defendant filed a lawsuit against the Plaintiff regarding the claim for the amount of principal and interest of the said bank against the Plaintiff, which was taken over from the NongHyup Bank Co., Ltd., as Suwon District Court Branch Branch 2014da238075, Oct. 30, 2014, the said court concluded the pleadings on October 30, 2014, and on the same day, “the Plaintiff shall pay to the Defendant KRW 26,919,406 and 8,566,930 as to KRW 18% per annum from July 22, 2014 to October 23, 2014, and KRW 20% per annum from the next day to the date of full payment (hereinafter “the instant judgment”). The said judgment was served by public notice to the Plaintiff and became final and conclusive on November 19, 2014.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, Gap's evidence No. 2, and the purport of whole pleading

2. The plaintiff's assertion and judgment

A. The Defendant’s claim against the Plaintiff was extinguished five years after the lapse of the extinctive prescription period for commercial claims, and the Plaintiff did not know the fact that the instant judgment was pronounced. Compulsory execution based on the instant judgment should be rejected.

B. In a case where a debtor raises an objection against a claim established by a judgment, the grounds for objection should arise after the conclusion of pleadings (Article 44(1) and (2) of the Civil Execution Act), and the grounds for objection raised by the plaintiff arose before October 30, 2014, which is the date of closing the argument of the judgment of this case, and thus, the plaintiff's claim of this case cannot be accepted.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.