1. The Defendant’s decision on the recommendation of performance for the loan case No. 2017Gaso627, U.S. Supreme Court rendered against the Plaintiff.

1. In addition to the purport of the entire pleadings in the evidence Nos. 1-1, 2, 2-2, and 3, the Defendant filed a lawsuit against the Plaintiff for a loan claim against the Plaintiff, Suwon District Court, 2017Gaso627, and the above court, on January 23, 2017, rendered a decision of performance recommendation (hereinafter “the decision of performance recommendation of this case”) to the effect that “the Plaintiff would pay the Plaintiff KRW 10 million and its delayed payment damages to the Defendant,” and on February 9, 2017, the decision of performance recommendation of this case became final and conclusive on the ground that the Plaintiff did not raise any objection against the instant decision of performance recommendation, and on November 30, 2016, the Plaintiff filed a lawsuit for repayment with the Defendant as Suwon District Court No. 2016Na5195, May 195, 201, and the Defendant did not seek compulsory execution against the Plaintiff on the same date.

2. The non-execution agreement constitutes a claim contract under private law that takes place in relation to the realization of an actual claim, and the enforcement of a violation is an unlawful enforcement (see, e.g., Supreme Court Decision 95Da19072, Jul. 26, 1996). Accordingly, according to the above recognition, the Plaintiff and the Defendant agreed on the non-execution of the instant performance recommendation decision, so compulsory execution based on the instant performance recommendation decision shall not be allowed.

3. As to this, the defendant did not sign in blank at the request of the plaintiff, and did not prepare a written execution agreement (Evidence A 3) with the defendant's signature written in blank, and the plaintiff prepared the above written execution agreement with the defendant's signature written in blank, so the agreement between the plaintiff and the defendant is reached.