Busan District Court 2006Gaso106545.

A. On July 19, 2006, the defendant filed a lawsuit against the plaintiff as Busan District Court Decision 2006Gapo106545, and on July 19, 2006, the above court rendered a judgment that "the plaintiff shall pay to the defendant 2,903,493 won and 35% interest rate per annum from June 19, 2002 to the day of full payment" (hereinafter "the judgment of this case"), and the above judgment became final and conclusive on August 10, 206.

B. On October 28, 2014, the Plaintiff prepared and submitted to the Defendant an application for debt settlement (hereinafter “application for debt settlement”) with the content that the amount of debt would be adjusted according to the instant judgment, and a written statement of debt exemption under the condition of rescission (hereinafter “each of the instant documents”) with the content that the total amount of the exempted amount would be reinstated if any property other than the previously discovered property is discovered as at the time of debt exemption, and entered “no corresponding matters” in the “property list” column of the said written application for debt settlement.

C. On October 28, 2014, based on the instant application for debt settlement and a written statement, the Plaintiff and the Defendant concluded a debt settlement agreement between the Plaintiff and the Defendant to pay only KRW 1,900,000 among the amount of debt pursuant to the instant judgment, and the remainder was to be exempted from the full amount (hereinafter “instant debt settlement agreement”). Accordingly, the Plaintiff paid KRW 1,90,000 to the Defendant on October 30, 2014.

On August 25, 2015, the Defendant notified the Plaintiff of the revocation of the approval of the debt settlement agreement (affort) that the debt settlement agreement was invalidated on the ground that the property was not notified at the time of the instant debt settlement agreement, namely, C and 1’s shares and deposits were discovered. On October 5, 2015, the Defendant filed an application for compulsory execution (affort and collection order) based on the instant judgment with the Changwon District Court Jinju branch.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 4 (including provisional numbers) and the purport of the whole pleadings.