A. The Defendant filed a lawsuit against the Plaintiff seeking payment of usage fees under the contract for the use of the medical care center services (Ulsan District Court 2015Da38777), and on April 19, 2016, the said court sentenced the Plaintiff to the Defendant to pay the amount calculated at the rate of 15% per annum from October 29, 2015 to the full payment date. The Plaintiff appealed (the foregoing court 2016Na1748), but the said judgment was dismissed on September 29, 2016, and the said judgment became final and conclusive on October 19, 2016.

(hereinafter “instant judgment”). (b)

Upon the defendant's application, the decision to commence compulsory auction was made on the apartment B 202 Dong 102, Ulsan-gu, Ulsan-gu, the plaintiff-owned.

(Ulsan District Court C.C.)

On December 30, 2016, the Plaintiff deposited KRW 6,721,354 (i.e., principal KRW 4,841,490 (i.e., delay damages calculated by applying 15% per annum from October 29, 2015 to December 30, 2016) with the Defendant as the principal deposit (=1,030,580).

(Reasons for Recognition) The facts without dispute, Gap evidence Nos. 1 through 3, and the purport prior to pleadings, 2016. (No. 6494.)

2. The assertion and judgment that the Plaintiff deposited the entire amount of debt pursuant to the judgment of this case and sought non-permission of compulsory execution based thereon. The Defendant asserts that ① the costs of lawsuit against the Plaintiff seeking the payment of usage fees and ② the execution costs incurred in relation to the compulsory auction procedure cannot be excluded from the executory power of the entire name of the debt until refund of the expenses incurred.

(1) As to the point of issue, a judgment imposing the costs of lawsuit is limited to determining the existence of the obligation to reimburse the costs of lawsuit and ordering the payment thereof, and the amount thereof is subject to a decision to determine the amount of costs of lawsuit pursuant to Article 110 of the Civil Procedure Act upon request of the parties. Therefore, the judgment imposing the costs of lawsuit cannot serve as the executive title of the claim to reimburse the costs of lawsuit, and therefore, the costs of lawsuit by