The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The Defendant filed an application against the Plaintiff for a payment order claiming the return of unjust enrichment amounting to Seoul Southern District Court Decision 2015 tea3245,500 won, and the said court rendered the payment order as requested by the Defendant on June 12, 2015, and the said payment order became final and conclusive on July 7, 2015.

(hereinafter “instant payment order”). B.

On September 23, 2015, the Plaintiff deposited KRW 744,00 as principal, delay damages, and demand procedure expenses under the instant payment order with the Defendant as the principal deposit, and deposited KRW 811,213. At that time, the Defendant received the said deposit without objection.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts of recognition, since the obligation on the payment order of this case is deposited by the plaintiff in full and the defendant extinguished by receiving it, compulsory execution based on the payment order of this case shall not be permitted.

In regard to this, the defendant asserts to the effect that the defendant had already extinguished the obligation under the payment order of this case and the defendant had no intention to enforce compulsory execution based on the payment order of this case, and thus, the lawsuit of objection raised by the plaintiff is unreasonable. However, the lawsuit of objection may be brought by the debtor even before the commencement of specific compulsory execution based on the execution title, and whether the execution is likely to be carried out or not, the above argument of the defendant is without merit.

3. In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.