A. On February 22, 2018, in the Suwon District Court 2017Gau19364 Deposit Return case filed by the Defendant against the Plaintiff, the mediation was concluded that “the Defendant (the Plaintiff “instant case”) shall pay 5.3 million won to the Plaintiff (the Defendant “Defendant B”) up to March 31, 2018. If the payment was delayed, the amount unpaid shall be paid at the rate of 15% per annum from the day following the above payment date to the day of full payment.”

(B) The protocol in which the above mediation clause is written is “instant protocol of mediation.”

The Plaintiff deposited 943,109 won in total, 6,243,109 won in total, calculated at the rate of 15% per annum from April 1, 2018 to June 7, 2019, the deposit date, with the Defendant as the principal depositee in the Daegu District Court No. 1294 in 2019.

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

2. According to the above facts of recognition as to the cause of claim, it is reasonable to view that the Plaintiff’s obligation based on the instant conciliation protocol has been extinguished upon full repayment, barring any special circumstance. Therefore, compulsory execution based on the instant conciliation protocol is not permissible.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.