1. The plaintiff's claim is dismissed.

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

1. Around 2010, the Defendant, at the Plaintiff’s request, filed an application for a payment order for reimbursement of the amount of reimbursement on the ground that the Defendant, who jointly and severally guaranteed the Plaintiff’s goods payment obligation against the Plaintiff at the Plaintiff’s request, obtained the amount of the joint and several several liability obligation, following the determination of the amount of the amount of the joint and several liability obligation, and subsequently acquired the amount of the amount equivalent to KRW 23,00,000 for the goods and the amount of the joint and several liability obligation, with C on July 31, 2009, and subsequently filed an application for a payment order for reimbursement for reimbursement on the ground that he/she acquired the right of reimbursement equivalent to the same amount of the amount of the joint and several liability with the Plaintiff, and eventually, upon pleading, received the entire favorable judgment ordering the Defendant to pay the amount of KRW 23,00,000 and damages for delay (hereinafter referred to as “instant enforcement title”) on May 6, 2011

2. Grounds for the Plaintiff’s objection to the instant claim

A. In the process of establishing the enforcement title of this case, the Plaintiff was confined to the Seoul detention center, and the duplicate of the application for the payment order was served on the Plaintiff’s child (D). However, the judgment of deemed confession was rendered, and the enforcement title of this case was established.

B. The grounds for the occurrence of the claim indicated in the instant enforcement title are different from the fact.

In other words, in the case of objection claim between the defendant and C, which is the basis for subrogation, the defendant's claim for reimbursement of the amount of reimbursement was concluded with C by recognizing his own independent responsibility. At that time, the plaintiff has not been a joint and several surety, so the defendant's claim for reimbursement of the amount of reimbursement is unreasonable.

3. Determination

A. On the other hand, in a case where the subject of a claim for objection is a final and conclusive judgment seeking the exclusion of executory power as the so-called “actual objection,” the assertion as to the existence, content, and exercise of the claim indicated can serve as a legitimate ground for objection, but the judgment is rendered.