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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The parties' assertion
A. On December 16, 2013, the Plaintiff issued a notice for payment to the Plaintiff to pay KRW 10,481,615 to the Plaintiff by February 28, 2014, based on the executory exemplification of the Decision on Amount of Litigation Costs, Seosan Branch of Daejeon District Court Decision 2010Kao66, Seosan, Daejeon District Court, based on the executory exemplification of the Decision on Amount of Costs
However, B, which issued the above notice of payment, agreed with the Plaintiff to pay the amount of litigation cost to be paid by the Plaintiff to the Defendant in lieu of the Defendant with compensation for having the Plaintiff rendered a judgment against the Plaintiff by false testimony, which is reasonable to interpret it as an executory agreement, so compulsory execution based on the original copy of the decision on the amount of litigation cost with executory power against the
B. The Defendant did not agree to transfer the Defendant’s claim for the amount of litigation cost determination to B or pay it on behalf of the Defendant by accepting the above obligation from the Plaintiff, and even if there was a domestic agreement, the Defendant’s claim for the amount of litigation cost determination against the Plaintiff is not extinguished. Therefore, the Plaintiff’
2. The judgment of the plaintiff is based on the agreement between the plaintiff and Eul, and therefore, the defendant's claim against the plaintiff is in violation of the non-execution agreement, and there is no evidence to acknowledge that there was an agreement between the plaintiff and Eul on the amount of litigation cost fixed, as alleged by the plaintiff. The non-execution agreement is a private bond contract between the creditor and the debtor, and there is no evidence to support that the defendant, as the creditor, was fully involved in the non-execution agreement, there is a status or authority to decide whether to exercise the defendant's right to claim the amount of litigation cost against B, which is a public official of the defendant, who is a legal member.