Of the instant lawsuit, the part demanding the denial of compulsory execution of KRW 4,124,020 shall be dismissed.

The defendant.

1. Determination before the merits

A. After compulsory execution based on the source of execution right has been completed as a whole, there is no benefit to seek non-permission of compulsory execution (see Supreme Court Decision 96Da52489, Apr. 25, 1997). A lawsuit of objection against grant of execution clause can be brought before compulsory execution is completed after execution clause is granted, and there is no benefit to bring an action after compulsory execution has been completed (see Supreme Court Decision 2002Da64810, Feb. 14, 2003). (b) According to the purport of the whole theory of statement and change of evidence No. 3 as to this case, the defendant received a claim against the plaintiff through the payment order of the loans and auction (Seoul Western District Court Decision 2018Hu4791, Apr. 25, 1997). Thus, there is no benefit to seek reimbursement of the above part, and thus, there is no benefit to seek reimbursement of the damages.

2. Judgment on the merits

A. According to the overall purport of the theory on the entry and change of evidence No. 6, the Defendant filed an application for payment order with the Plaintiff on July 13, 2018 as Seoul Western District Court 2018 (hereinafter referred to as Seoul Western District Court 2018), and the said court rendered a payment order on July 17, 2018 to the Defendant to pay the principal amount of KRW 14,50,000 and damages for delay thereof (hereinafter referred to as “instant payment order order”) with the confirmation that the said decision was finalized on August 3, 2018 (hereinafter referred to as “instant payment order”), and the fact that the remainder of the debt amount as of April 17, 2020 as of April 17, 200 with the interest rate of KRW 11,504,730 and the delay in repayment and KRW 2,727,158, and there is no dispute between the parties concerned as to the delayed damages.

B. Therefore, it is reasonable for the Defendant to enforce compulsory execution against the Plaintiff on the part exceeding the above money according to the instant payment order.