On June 12, 2019, the Daegu District Court Decision 2019Na2164 Decided June 12, 2019.

1. According to the overall purport of the evidence Nos. 1 through 6, the facts constituting the grounds for the attachment may be acknowledged. Accordingly, according to the judgment of the Daegu District Court No. 2019Na2164 Decided June 12, 2019, the official, etc. in charge of the distribution support court of the Daegu District Court ought to grant the execution clause to the Plaintiff, the successor to E, a stock company, for compulsory execution against the Defendant.

2. As to this, the Defendant asserts to the effect that the Plaintiff’s claim should be dismissed, on the ground that the Daegu District Court rendered a declaration of bankruptcy and a decision of exemption (Evidence No. 1) by 10408 at the bottom of 2009, 2009, 10408.

In a lawsuit of demurrer against a final and conclusive payment order, not only the extinguishment of the claim or the exercise of the claim after the issuance of the payment order, but also the failure or invalidity of the claim before the issuance of the payment order as well as the grounds for objection (Supreme Court Decision 2006Da73966 Decided July 9, 2009). In addition, the lawsuit of granting the execution clause under Article 33 of the Civil Execution Act is a lawsuit for obtaining the execution clause by judgment by asserting and proving that the creditor is unable to prove the matters to be attested by a certificate for the sake of obtaining the execution clause, without any restriction on the method of proof, where it is impossible for the creditor to prove the fact that there is an executory power based on such reasons. The lawsuit of demurrer against the claim under Article 44 of the Civil Execution Act excludes the executory power of the source of enforcement on the ground of objection raised by the debtor concerning the claim indicated in the execution title.

As above, in light of the purport of the Civil Execution Act’s recognition of both the action for granting an execution clause and the action for demurrer against a claim, the subject matter of the lawsuit for granting an execution clause ought to be deemed to have been subject to the requirements for granting an execution clause including the fulfillment

Therefore, the debtor's objection to the claim stipulated in Article 44 of the Civil Execution Act is the reason for the objection.