1. The Defendant’s compulsory execution against the Plaintiff on February 24, 2016, based on the Seoul Western District Court Order 2015Na35700 decided February 24, 2019.

1. On February 24, 2016, the Defendant filed a lawsuit claiming the amount of bills against the Plaintiff and received a decision in lieu of conciliation on February 24, 2016, and the decision became final and conclusive as it is.

(Seoul Western District Court Order 2015Na35700, hereinafter referred to as “instant decision”). The cause of the above lawsuit and the summary of the said decision are as follows:

On October 2, 2014, the Plaintiff’s husband C and the Defendant entered into an investment contract with the effect that “C shall receive an investment of KRW 10 million from the Defendant, but shall repay KRW 10 million until December 1, 2014.”

After that, the Plaintiff issued and delivered to the Defendant a promissory note amounting to KRW 11 million, the payment date of which was December 1, 2014.

Therefore, the Plaintiff is obligated to pay the Defendant KRW 10 million and delay damages.

The decision shall be made by adding 110 million won to the Defendant until March 31, 2016. If the Plaintiff fails to pay the above money by the above date, the Plaintiff shall pay the unpaid amount and the damages for delay calculated at the rate of 15% per annum from April 1, 2016 to the date of full payment.

Then, on April 11, 2016, KRW 11 million was remitted from the account under the name of the defendant to the account under the name of the defendant, and the remitter was marked as C in the defendant's account.

Meanwhile, on September 26, 2014, the Defendant and C concluded an investment contract (hereinafter “instant investment contract”) with the content of “C is receiving KRW 10 million from the Defendant, but redeems KRW 10,500,000,000 including the principal by October 25, 2014,” and “interest related to the investment deposit does not accrue separately, and is substituted by 5% of the investment fee (5% of the investment fee).”

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

2. The parties' assertion

A. On April 11, 2016, the Plaintiff asserted that the Plaintiff paid KRW 11,00,000 due to the instant decision, and thus, forced execution based on the said decision.