1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. According to the Defendant’s assertion, the Plaintiff and the Plaintiff’s spouse C entered into a lease agreement with the Defendant on the Category E or F of the D Building in Seocho-gu, Seoyang-gu, U.S., U.S. and the Defendant, and upon the Plaintiff’s failure to pay the remainder of KRW 10.9 million, the Plaintiff requested the Defendant to have lent the remainder to the Plaintiff, and the Defendant received cash storage certificate and written confirmation

B. Upon filing an application for a payment order in around 2008, the Defendant presented the Plaintiff’s name and seal affixed with the Plaintiff’s certificate of cash custody and written confirmation, and then filed a lawsuit for the interruption of extinctive prescription in around 2018, and the Plaintiff did not have the said certificate of cash custody or written confirmation.

C. Therefore, the Plaintiff did not have any obligation against the Defendant, and thus, the Defendant’s above payment order and compulsory execution based on the judgment should be denied.

2. Determination

A. A claim for objection shall have arisen after the closing of argument.

(Article 44(2) of the Civil Execution Act. Meanwhile, when a judgment becomes final and conclusive, the existence of a claim subject to res judicata becomes final and conclusive, and accordingly there occurs executory power. However, even if a right is based on a final and conclusive judgment, it shall be faithfully exercised in accordance with the principle of trust and good faith, and where enforcement based on a judgment becomes an abuse of rights, an executory obligor may seek the exclusion of enforcement by filing an objection to a claim.

In order to ensure that the contents of a final and conclusive judgment are contrary to substantive legal relationship and the execution of a judgment constitutes an abuse of rights, comprehensively considering all the circumstances such as the nature and contents of the right which can be executed by the judgment, the circumstances leading up to the establishment and execution of the judgment, and the impact of the execution on the parties, the execution based on the final and conclusive judgment is remarkably unfair and the other party can execute the judgment.