Whether the defendant, who is not dissatisfied with the judgment in favor of the plaintiff in the provisional execution declaration book, can seek a suspension of compulsory execution based on the judgment.

The defendant who is not dissatisfied with the judgment in favor of the plaintiff in the provisional execution sentence and did not file an appeal or file an application for permission for a final appeal shall not seek a suspension of compulsory execution based on the judgment on the merits case.

Articles 474 and 473 of the Civil Procedure Act

Attorney Jeong-hee et al., Counsel for defendant

Other Party

The motion shall be dismissed.

According to the records, the first instance court rendered a judgment in favor of the plaintiff as to the claim for the agreed amount between the applicant (the defendant-Appellee) and the respondent (the plaintiff-Appellant) in the case of applying for the suspension of compulsory execution, and the second instance court rendered a judgment in favor of the plaintiff as to this case's case's case's case's case's case's case's case's case's case's appeal, but both appeals were dismissed at the court below, the applicant did not appeal and the respondent did not appeal, and only the respondent did not appeal and filed a petition for a final appeal. Thus, the applicant who did not appeal or a petition for a final appeal as to this case's case's case's case's case's case's case's case's appeal cannot seek a suspension of compulsory execution based on the judgment's case'

Therefore, it is so decided as per Disposition by the assent of all participating judges who decide to dismiss an application for the suspension of compulsory execution.

Justices Lee Jae-hee (Presiding Justice)