A. On December 31, 2009, the Defendant filed a lawsuit against the Plaintiff, etc. for the claim for the amount of reimbursement with the Cheongju District Court 2009Da10303, Mar. 11, 2011, the Defendant notified the Plaintiff, etc. that “the Plaintiff shall pay 610,000 won to the Defendant up to December 31, 201. If the Plaintiff fails to pay the said money by the due date, the Plaintiff shall pay the Defendant the amount of 6,110,000 won by adding an annual interest rate of 20% from the day following the due date until the date of full payment.” Since the above decision (hereinafter “instant decision”) was delivered to the Plaintiff and the Defendant, the instant case became final and conclusive as of March 31, 2011.

B. After that, the Plaintiff paid the following money to the Defendant:

(2) The following facts are established: (a) No dispute exists between KRW 11,00,00 won and KRW 3440,000,000 in total, KRW 110,000 on February 13, 2013; (b) KRW 111,00,00 in KRW 4,000,00 KRW 111,00 on May 19, 2013; and (c) and KRW 6,000,00 KRW 7,440,00 in total, KRW 11,00 on July 11, 2013, 2013; and (d) no dispute exists over each of the entries in subparagraphs A and 3, and the purport of the entire pleadings.

2. Determination as to the cause of action

A. On November 1, 2013, the gist of the Plaintiff’s assertion agreed to settle the amount of money that the Defendant and the Defendant are obligated to pay in accordance with the instant decision protocol at KRW 2.78,00,000. On the same day, the Plaintiff paid the said money and repaid all the Plaintiff’s obligations under the instant decision protocol.

Therefore, the Plaintiff seeks against the Defendant the refusal of compulsory execution based on the instant decision protocol.

B. In a lawsuit of demurrer 1, the burden of proof as to the grounds for objection should also be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, if the plaintiff asserts that his claim constitutes grounds for extinguishment, such as extinguishment by repayment, the fact shall be proved to the plaintiff.