1. The instant lawsuit shall be dismissed.

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

Facts of recognition

A. On June 11, 2019, the Defendant filed a lawsuit against the Plaintiff seeking a loan, etc. under the Changwon District Court Jinju Branch Decision 2018Kadan6736, and the said court rendered a judgment against the Plaintiff jointly and severally with the Plaintiff to pay KRW 32.7 million and its delay damages (hereinafter “instant judgment”).

B. On October 17, 2019, the Plaintiff filed an appeal for the subsequent completion of the instant judgment, and is currently pending in the appellate court (Seoul District Court 2019Na4315).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Although the plaintiff's assertion did not bear any obligation against the defendant, the defendant brought a lawsuit against the plaintiff following the plaintiff's death and the above case was proceeded by public notice, and the judgment of this case was pronounced.

Ultimately, as compulsory execution based on the instant judgment is not allowed, it is sought to exclude the executory power.

3. Judgment on the defendant's main defense

A. The Defendant’s judgment on this case’s main defense is unlawful, since the Plaintiff’s appeal for subsequent completion became final and conclusive.

B. On a judgment with a declaration of provisional execution, a lawsuit of demurrer cannot be filed unless the judgment becomes final and conclusive (see Article 44(1) of the Civil Execution Act). An obligor may, by an appeal, exclude the executory power of the judgment by disputing the existence or scope of the claim, and may be subject to a stay of execution.

(see, e.g., Supreme Court Decision 2013Da86403, Apr. 23, 2015). The fact that the Plaintiff filed an appeal for the subsequent completion of the instant judgment and currently pending in the appellate trial (Seoul District Court 2019Na4315) is as seen earlier is as seen earlier. As such, the instant lawsuit is unlawful as seeking the exclusion of its executive force by filing an objection against the judgment of the first instance court of the final and conclusive provisional execution declaration book.

4. According to the conclusion, the instant lawsuit is unlawful.