A. On September 19, 2007, the Defendant filed a claim for reimbursement against the Plaintiff for reimbursement amounting to the Suwon District Court 2007Gasan Branch 59657, and the above court rendered a judgment that “the Plaintiff shall pay to the Defendant 5,345,197 won and 20% interest per annum from June 23, 2007 to the day of full payment,” and the judgment became final and conclusive around that time.

B. According to the final judgment of this case, the Defendant requested the Suwon District Court to order the seizure and collection order of claims against the Plaintiff’s claims, and collected KRW 22,120,120 on November 12, 2009, and interest or delay damages calculated at the rate of 20% per annum from June 23, 2007 to November 12, 2009, calculated at the rate of 2,556,907 won per annum from June 23, 2007 to November 12, 2009, when the principal is appropriated in sequence in order, the Defendant collected KRW 4,732,083 won (=5,345,97 won) [3,192,192, 214, 212, 212, 205 won] as of November 12, 2009.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 through 6, the purport of whole pleading

2. The plaintiff's assertion and judgment

A. First, the Plaintiff asserts that if the Plaintiff offsets the Defendant’s claim of KRW 10 million lent to the Defendant and the Defendant’s claim under the final and conclusive judgment of this case against the Plaintiff on an equal amount, the claim under the final and conclusive judgment of this case shall be extinguished, and asserts the exclusion of the executory power thereof, and there is no evidence to acknowledge that the Plaintiff has the loan claim against the Defendant, etc., as alleged by the Plaintiff, the Plaintiff’s assertion

B. In addition, the Plaintiff asserts that the Defendant’s seizure and collection of the Plaintiff’s claim on November 12, 2009, collected part of the claim under the final and conclusive judgment of this case, and renounced the remainder of the claim at that time, and thus, the enforcement force of the final and conclusive judgment of this case should be excluded. As such, the Defendant’s testimony on the evidence No. 1 and part of the witness C alone alone, as alleged by the Plaintiff.