A. On December 15, 2015, the Defendant received a payment order against the Plaintiff (hereinafter “instant payment order”), stating that “the Plaintiff shall pay to the Defendant 52,109,640 won and the amount calculated by applying the rate of 5% per annum from December 1, 2015 to December 18, 2015, and 15% per annum from the next day to the date of full payment” (hereinafter “instant payment order”). The instant payment order was finalized on January 5, 2016.

B. On December 8, 2016, the Plaintiff deposited 64,346,220 won in full, including the principal and interest of the debt under the instant payment order and the execution expenses (No. 11675 of this Court, 2016), with the Defendant as the principal deposit (No. 11675 of this Court).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, since the Plaintiff’s debt owed to the Defendant according to the payment order of this case due to the Plaintiff’s payment deposit was entirely extinguished, compulsory execution based on the payment order of this case shall be dismissed.

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.