A. On May 3, 2013, the Defendant filed a lawsuit seeking the payment of a loan against the Plaintiff, and issued a ruling of recommending reconciliation with the purport that “the Plaintiff shall pay 12,700,000 won to the Defendant by June 30, 2013. If the Plaintiff fails to pay the said amount by the payment date, the Plaintiff shall pay the amount unpaid plus the amount of delayed payment calculated at 20% per annum from the day following the date of payment to the date of full payment” (hereinafter “the instant ruling”).

The above decision was confirmed on May 22, 2013 because the plaintiff and the defendant did not object to the above decision of recommending reconciliation.

B. As the Plaintiff did not pay the money set forth in the instant decision, the Defendant filed an application for a compulsory auction (Seoul Central District Court C) on the real estate owned by the Plaintiff with the title of execution, and received a decision of seizure and collection of claims (Seoul Southern District Court 2015TTTTT10027). The Plaintiff filed an application for a compulsory auction (Seoul Central District Court 2013No9048) on the corporeal movables owned by the Plaintiff.

C. On March 9, 2016, the Plaintiff deposited KRW 20,520,792 [the principal = KRW 6,835,792 (the amount calculated by the rate of 20% per annum from July 1, 2013 to March 9, 2016] enforcement expenses of KRW 1,450,00 for the Defendant (the dividend of KRW 465,000 asserted that the Defendant received in the compulsory execution of corporeal movables).

On August 10, 2016, the Plaintiff additionally deposited KRW 155,921 for the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff asserts that compulsory execution based on the instant decision should not be permitted, since all of the money stipulated in the instant decision, including the cost of execution, should be paid. 2) The Defendant asserts that compulsory execution should be paid more than KRW 1,089,416.

B. Determination 1. A 1, 4.