The Defendant filed a lawsuit against the Plaintiff seeking restitution of unjust enrichment, and the court rendered a judgment that “the Plaintiff shall pay to the Defendant 1.9 million won and 20% interest per annum from July 18, 2015 to the date of full payment.” The above judgment became final and conclusive.

(Cheongju District Court Decision 2015No. 1126). On August 19, 2019, the Plaintiff deposited a deposit amount of KRW 3,455,397 (i.e., the principal amount of KRW 1.9 million from July 18, 2015 to August 19, 2019) with the Defendant to be paid under the said judgment.

The plaintiff is demanding the defendant to refuse compulsory execution based on the above judgment.

Articles 208(3)1 and 257(1) of the Civil Procedure Act of the applicable provisions of the Acts (a judgment without pleading following the submission of a written reply, and the Defendant’s assertion following the payment deposit made by the Plaintiff on August 19, 2019 are not responding. Meanwhile, with respect to litigation costs, each party bears the burden, taking into account the fact that the Plaintiff deposits the payment after the institution of the instant lawsuit).