A. On March 26, 2013, the Plaintiff and the Defendant concluded a business agreement with the purport that the Defendant shall provide the Plaintiff with technical assistance and consultation on the booming, and the Plaintiff shall pay 4,000,000 won and 50% of its profits to the Defendant.

B. On July 31, 2013, the Plaintiff and the Defendant concluded a settlement agreement that the Plaintiff should terminate the said business agreement and pay the money to the Defendant.

C. The Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 45,00,000 based on the above settlement agreement.

On September 2, 2016, Seoul Central District Court Decision 2015Da5366212 Decided September 2, 2016, stating that “the Plaintiff shall pay to the Defendant 45 million won and interest rate of 15% per annum from December 4, 2015 to the date of full payment” was finalized on September 20, 2016.

(hereinafter “instant judgment.” The Plaintiff appealed against the instant judgment, but received an order to dismiss the petition of appeal on December 22, 2016).

On October 5, 2016, the Defendant collected the principal of the judgment amounting to KRW 14,03,088 and interest amounting to KRW 5,617,569 against the Plaintiff.

E. On October 20, 2016, the Defendant received a seizure and collection order against the Plaintiff (hereinafter “instant seizure and collection order”) with the amount of KRW 31,132,312 as the remainder of the judgment amount claimed, and the Plaintiff repaid the amount by remitting KRW 31,132,812 to the Defendant on October 26, 2016.

F. The defendant's above E from the plaintiff

Even after the repayment of the claim was received, the plaintiff did not rescind the execution of the seizure and collection order of this case, and the plaintiff filed the lawsuit of this case seeking non-performance of compulsory execution according to the judgment of this case.

G. During the instant lawsuit pending, the Defendant alleged that the principal amount was unpaid of KRW 120,469, interest KRW 5,990, and enforcement cost was unpaid of KRW 59,60, among the instant judgment amount, and the Plaintiff asserted that the principal amount was unpaid of KRW 120,469, interest KRW 6,980, and enforcement cost was KRW 59,600 among the instant judgment amount.