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1. The Defendant’s compulsory execution against the Plaintiff is based on the determination of the amount of litigation costs determined by Suwon District Court Decision 2016Kao566.
Reasons
1. The Defendant’s determination of the cause of the claim was affirmed as KRW 7,220,252 on January 11, 2017 and confirmed as such on the 25th day of the same month, the Plaintiff’s defense against the Defendant in the lawsuit claiming restitution of unjust enrichment against the Defendant’s claim amounting to the above litigation cost amount set-off against the Plaintiff’s claim amount. The above court accepted the Defendant’s defense of set-off, and eventually the above two claims were extinguished within the scope of KRW 3,392,62 on January 25, 2017; the Plaintiff intended to pay to the Defendant the remainder other than the set-off portion of the above litigation cost amount; however, the Defendant refused to receive it; the Plaintiff’s reimbursement of KRW 3,856,257; and the Plaintiff’s reimbursement of KRW 265,275,278; and the Plaintiff’s reimbursement of KRW 365,278,296,275,297.
Therefore, compulsory execution based on the determination of the amount of the above litigation costs must be denied.
2. In conclusion, the claim of this case is justified and it is so decided as per Disposition.