A. The facts of recognition 1) The Defendant filed a lawsuit against the Plaintiff for the return of the lease deposit under Incheon District Court 2014Gahap9133 and filed a lawsuit against the Plaintiff on December 2, 2014, stating that “the Plaintiff shall pay to the Defendant 108,000,000 won and the amount equivalent to 5% per annum from May 2, 2014 to August 20, 2014, and 20% per annum from the next day to the date of full payment” (hereinafter “the first instance judgment”).

(2) On September 11, 2015, the judgment of the court of first instance rendered an appeal as Seoul High Court 2015Na1859 regarding the judgment of the court of first instance that the Defendant permitted provisional execution with respect to the claim against the Plaintiff. The Plaintiff was sentenced to the judgment of the court of first instance that ordered the Plaintiff to pay 108,00,000 won to the Defendant and the amount equivalent to 5% per annum from August 21, 2014 to September 11, 2015, and 20% per annum from the next day to the day of complete payment. The part against the Plaintiff ordering the Plaintiff to pay more than the amount equivalent to 20% per annum from the next day to the day of complete payment is revoked, and the Defendant’s claim against the Plaintiff corresponding to the revoked part is dismissed (hereinafter “the judgment of second instance”).

The Plaintiff appealed to the Supreme Court Decision 2015Da59986 Decided December 24, 2015, but was sentenced to a judgment dismissing the appeal on the second instance.

3) While the Plaintiff intended to repay the obligation against the Defendant under the judgment of the second instance, but the Defendant refused to receive the obligation, on September 25, 2015, the Plaintiff deposited KRW 114,553,972 in the Incheon District Court’s Deposit with the Defendant as the sum of the principal and interest of the obligation under 8334 in 2015, and the Defendant received the said deposit without objection. [In the absence of any dispute over the grounds for recognition, the Plaintiff did not object to the said deposit.]

B. According to the above facts of recognition on the board, all obligations arising from the first and the second judgments that the Plaintiff had borne against the Defendant were extinguished by the deposit for repayment.

As such, the first instance court.