A. On August 26, 2016, in the instant case of lease deposit against the Plaintiff, the Defendant filed against the Plaintiff, “The Defendant shall pay KRW 47,500,000 to the Plaintiff by September 26, 2016: Provided, That if the Defendant delays the payment of the above amount by the payment date, the Defendant shall pay the unpaid amount plus damages for delay at the rate of 15% per annum from the day following the payment date to the day of full payment.”

(hereinafter referred to as the “instant protocol of mediation”). (b) The protocol prepared pursuant to the above mediation is “instant protocol of mediation.”

On March 27, 2017, the Plaintiff deposited KRW 51,052,739, the principal and interest of which under the instant conciliation protocol, as at the date of deposit, with the Defendant as the principal and interest of the Defendant as the principal and interest of the Defendant on March 27, 2017, as at the date of deposit No. 2533 of this Court.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and substantial facts to this court

2. The assertion and judgment

A. The Plaintiff asserted that the parties concerned have fully repaid the principal and interest of the obligation under the instant conciliation protocol, and thus, the Plaintiff sought non-performance of compulsory execution under the instant conciliation protocol, and the Defendant did not recover the execution cost incurred for the auction of the instant case from the Plaintiff. As such, the Plaintiff cannot seek the exclusion of the entire executory power.

B. Determination 1) As of March 27, 2017, which is the date of the Plaintiff’s deposit for repayment, the amount of the principal and interest obligations under the instant conciliation protocol is KRW 51,052,739 [The amount of the principal and interest obligations under the instant conciliation protocol = KRW 15% per annum from September 27, 2016 to March 27, 2017 (182 days) with respect to the principal amount of KRW 47,50,000] is apparent in the calculation. Thus, the expenses necessary for compulsory execution under the said conciliation protocol were extinguished by the deposit for repayment on March 27, 2017. The expenses for compulsory execution are borne by the debtor and are preferentially reimbursed by the execution (Article 53 of the Civil Execution Act, without any separate title of enforcement expenses).