A. On April 16, 2012, the Defendant filed an application with the Plaintiff for a payment order stating that “the Plaintiff shall pay to the Defendant the amount of KRW 84,745,205 and KRW 40,000,000 per annum from the day following the service of the payment order to the day of full payment,” which read that “the Plaintiff shall pay the Defendant 20% interest per annum from the day of service of the payment order to the day of full payment.”

Jeonju District Court rendered the same payment order to the Plaintiff on April 17, 2012, and the payment order was finalized on June 8, 2012.

(hereinafter “instant payment order”). B.

On May 28, 2018, based on the original copy of the instant payment order, the Defendant filed an application for a compulsory auction of real estate with the Jeonju District Court C for a real estate auction against the Plaintiff’s “Seoul Metropolitan City Mung-si District District Court D’s Mung-si Busan Metropolitan City Degro, Busan Metropolitan City Housing 94.62m2.”

C. On June 14, 2018, the Plaintiff paid KRW 15 million to the Defendant. On the same day, the Defendant prepared a letter as follows (hereinafter “each of the instant notes”) and voluntarily withdrawn the application for compulsory auction of the said real estate.

In each letter, the Jeonju District Court has agreed not to perform any other act arising from the above claims and obligations, as the creditor and the debtor intend to withdraw the real estate auction case from the Jeonju District Court C due to the loan claim claim No. 2012 tea167, and then the creditor will not do so.

June 14, 2018, the defendant

D. On September 20, 2018, based on the original copy of the instant payment order, the Defendant applied for a seizure and collection order against the Plaintiff’s deposit claim against the E-association by the Jeonju District Court 2018TT7129, and the Jeonju District Court issued a seizure and collection order on October 5, 2018.

[Reasons for Recognition] A without dispute, Gap 1-4 evidence (the omission of a provisional number; hereinafter the same shall apply), Eul 4-6 evidence, the purport of the whole pleadings

2. Assertion and determination

A. Determination 1 on the cause of the claim constitutes a judicial claim contract in respect of the realization of the substantive claim, and enforcement in violation of this provision shall be enforced.