A. On August 8, 2012, the Defendant filed a lawsuit against the Plaintiff for return of unjust enrichment under the Incheon District Court Branch Decision 201Gadan25987, and rendered a judgment against the said court that “the Plaintiff of this case shall pay to the Defendant of this case the amount of KRW 80 million per annum from May 15, 2007 to September 15, 201, 5% per annum from the next day to September 15, 201, and 20% per annum from the next day to the day of full payment” (hereinafter “instant judgment”), and the judgment became final and conclusive around that time.

B. The Plaintiff paid each of the Defendant KRW 10 million on June 25, 2013, and KRW 13260,000 on July 31, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including virtual number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. On March 29, 2016, the Plaintiff asserted that the Defendant paid the remaining debt amounting to KRW 5,674,00,000 according to the instant judgment to the Defendant and the said debt to the Defendant is entirely extinguished. As such, compulsory execution based on the instant judgment shall be denied.

B. The Defendant’s assertion was made for only the appearance of KRW 56.74 million, and the Defendant received the above money from the Plaintiff and immediately re-transfered it to C upon the Plaintiff’s request. As so, there is no validity of performance as asserted by the Plaintiff. Rather, if the Plaintiff deducts the principal and interest of the instant judgment from the amount of KRW 23.26 million, the Defendant still has a claim for the amount calculated at the rate of 20% per annum from August 1, 2013 to the date of full payment.

3. Determination

A. According to the Plaintiff’s statement as to whether the effect of the Plaintiff’s payment of KRW 56.74 million was recognized, the Defendant prepared and issued a receipt to the Plaintiff on December 4, 2015, to the effect that the Defendant received KRW 56.74 million in the remainder of KRW 80 million, and the Plaintiff issued the receipt to the Plaintiff on March 29, 2016.