A. On September 7, 2012, the Defendant filed a lawsuit against the Plaintiff and filed a lawsuit seeking the payment of damages with this court, and was sentenced to the Defendant’s claim against the Plaintiff at the rate of 20% per annum from September 8, 2012 to the day of full payment (i.e., KRW 10,428,572 to the Defendant, and the Plaintiff’s claim against the Plaintiff (hereinafter “instant judgment”).

Since then, the instant judgment was rendered on December 13, 2012 by Supreme Court Decision 2012Da88174 Decided December 13, 2012, which became final and conclusive around that time as the dismissal ruling was rendered.

B. On February 23, 2013, the Plaintiff paid KRW 7,600,000 to the Defendant as a partial repayment of the instant judgment amount.

C. On May 29, 2013, the Plaintiff received a decision to fix that the Defendant’s amount of litigation cost to be repaid to the Plaintiff was KRW 7,794,670 according to the instant judgment by this Court Decision 2013Kao78, which became final and conclusive on June 11, 2013.

(hereinafter the Plaintiff’s claim for the above litigation costs against the Defendant (hereinafter “this case’s lawsuit costs claim”). / [Grounds for recognition] without dispute, entry in Gap’s evidence Nos. 1 through 5, 10, and 11, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. On February 23, 2013, the Plaintiff’s claim for the instant judgment was partially extinguished by paying KRW 7,600,000 to the Defendant.

Furthermore, the Plaintiff may set off against the Defendant’s claim for the instant litigation costs against the Defendant in the amount equal to that of the Defendant’s claim for the instant judgment, and the entire amount of the instant judgment amount extinguished according to the Plaintiff’s set-off. As such, compulsory execution based on the instant judgment shall be denied.

B. Determination 1.