A. On September 28, 2016, the Defendant filed a lawsuit against the Plaintiff in Jeonju District Court Decision 2015Kahap2299, and rendered a judgment in favor of the Defendant that “The Plaintiff shall pay to the Defendant 17,880,854 won and interest calculated at the rate of 5% per annum from December 7, 2014 to September 28, 2016 and 15% per annum from the following day to the date of full payment”.

Plaintiff

And the above judgment became final and conclusive at that time because the defendant did not appeal.

(hereinafter referred to as the “final judgment of this case”). B.

On October 5, 2016, the defendant applied for a compulsory auction of real estate by using the final judgment of this case as executive title C to the Jeonju District Court and the next court decided to commence a compulsory auction of real estate.

C. According to the instant final judgment, the Plaintiff paid KRW 15,237,747 to the Defendant on October 10, 2016, and KRW 4,362,245 to the Defendant on October 17, 2016, respectively.

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

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The Plaintiff paid the principal and damages for delay pursuant to the instant final judgment twice to the Defendant, and thus, the compulsory execution based on the instant final judgment ought to be denied. 2) The Plaintiff’s assertion that the Plaintiff paid to the Defendant is the sum of KRW 2,375,910 for filing an application for compulsory auction (= KRW 222,00 for filing an application for registration of KRW 5,000 for an auction of KRW 62,910 for KRW 42,910 for KRW 5,000 for KRW 42,910 for KRW 1,000 for an auction of KRW 1,100 for an auction of KRW 1,00,000 for KRW 1,100 for an attorney appointment of KRW 1,000 for KRW 85,831 as of October 17, 2016.

B. The cost necessary for the enforcement of the judgment 1 is borne by the obligor and is entitled to preferential reimbursement by the enforcement. Therefore, such enforcement cost is the basis for the enforcement without a separate title of debt.