1. Compulsory execution against the Defendant’s Plaintiff by the Seoul Northern District Court Decision 2012 Ghana9629 Decided July 25, 2013 is enforced.

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 and 2 as evidence Nos. 1 and 2.

On July 25, 2013, the Defendant filed a lawsuit claiming a loan against the Plaintiff (Seoul Northern District Court 2012Gau96299) and sentenced that “the Plaintiff shall pay to the Defendant 10,122,343 won and 8,677,525 won with interest rate of 18% per annum from December 29, 2012 to the date of full payment,” and the said judgment (hereinafter “instant judgment”) became final and conclusive thereafter.

B. Upon the Defendant’s application for compulsory auction on the real estate owned by the Plaintiff according to the instant judgment, on February 10, 2017, the Plaintiff deposited for repayment (Seoul Central District Court Decision 2017Da3152) KRW 10,796,43 in total, KRW 10,122,343 in the instant judgment and KRW 674,090 in the costs of compulsory execution, and the Defendant received the said deposit after reserving the objection on February 24, 2017.

2. The assertion and judgment

A. The plaintiff asserts that, since the plaintiff deposited 10,796,433 won including the judgment amount and the execution cost of this case, the defendant's claim should be extinguished in entirety, compulsory execution based on the judgment of this case should be rejected.

As to this, the defendant asserted that since the defendant reserved the above deposit money and received it only part of the judgment amount claim of this case, the claim of this case was not extinguished by the repayment deposit.

B. In order for a performance deposit to be effective, it is required that the payment for the entire obligation is provided and the deposit for the entire obligation is deposited for the entire obligation, and it does not take effect as to the part of the obligation. However, if the obligee expresses his intention of reservation that the deposit be appropriated for part of the obligation, and if it is received by the obligee, the deposit shall be appropriated for the partial repayment of the obligation, and the obligor shall pay the cost and interest of one or more obligations.