A. The Defendant filed a lawsuit against the Plaintiff for a vehicle operation fee (or wage; hereinafter “operation fee”) of KRW 10,766,40,00 with the Daegu District Court 2017Gau3159. On November 8, 2017, the said court held that “10,766,40 won and the amount calculated at the rate of 15% per annum from the day following the delivery date of the copy of the instant complaint to the day of full payment” as “the execution recommendation decision of this case” (hereinafter “the execution recommendation decision of this case”).

(B) The decision on the instant performance recommendation was finalized on December 14, 2017. (b) The Plaintiff paid KRW 7,967,000 to the Defendant on April 13, 2018. (c) Based on the decision on the instant performance recommendation, the Defendant was issued a claim attachment and collection order for the Daegu District Court Kimcheon-gu 2018TTTTTT 1043, and accordingly collected KRW 11,00,000 on June 11, 2018. [Grounds for recognition] There is no dispute over the facts, Gap’s 3,4,7,8,8,10, and evidence (including a serial number), and the purport of the entire pleadings.

2. Of the claims based on the Plaintiff’s argument, tax invoices submitted as evidence of KRW 650,00 on September 30, 2016, which were irrelevant to the Plaintiff. Since the tax invoices submitted as evidence of KRW 1,650,000 on October 31, 2016 are double calculated, the service charges to be paid to the Defendant are merely KRW 7,967,00,000, except for each of the above amounts.

As the Plaintiff paid all the above money to the Defendant on April 13, 2018, compulsory execution based on the instant decision of performance recommendation should be denied.

3. Determination

(a) there is no benefit to seek non-permission of the compulsory execution by an action of demurrer after the creditor obtains the satisfaction as a whole after the compulsory execution based on the executive title that has dismissed has been completed as a whole;

(See Supreme Court Decision 2013Da82043 Decided May 29, 2014). Based on the instant decision on performance recommendation, the Defendant was issued a collection order for the attachment and collection of claims against the Daegu District Court Kimcheon-si 2018 Other 1043, based on the instant decision on performance recommendation.