In the above lawsuit, the defendant asserted that "the plaintiff violated the obligation to deposit the share certificates of the new shares immediately on January 6, 201 when the one-year period of protection is terminated according to the contract concluded with the defendant, and thus, the defendant is liable to pay the penalty for breach of contract as set forth in the above contract." The defendant claimed KRW 200,000,100 as part of the claim and damages for delay.

On June 23, 2016, the above court rendered a judgment that "the defendant shall pay to the plaintiff 200,000,100 won and interest thereon at the rate of 15% per annum from May 13, 2016 to the date of full payment" which accepted the defendant's claim by service by public notice. The above judgment became final and conclusive on July 8, 2016.

On March 17, 2015, the Plaintiff was declared bankrupt by filing an application for bankruptcy (2013Haak2752) and an application for immunity (2013Haak2752) with the Busan District Court and was granted immunity on March 17, 2015. The decision to grant immunity became final and conclusive on April 1, 2015.

Accordingly, inasmuch as the Plaintiff exempted the Defendant from liability for penalty against breach of trust, compulsory execution based on the above judgment is not permissible.

2. Articles 208(3)1 and 257(1) of the Civil Procedure Act, which hold a judgment without holding any pleadings.