1. Ulsan District Court Decision 2016Gais3953 decided Dec. 8, 2016 against the Defendant’s Plaintiff.

1. Facts of recognition;

A. On December 8, 2016, the Defendant filed a lawsuit against the Plaintiff and Nonparty C seeking the payment of damages under this Court’s 2016 Ghana3953, and this Court rendered a judgment that “the Plaintiff and Nonparty C jointly pay to the Plaintiff 4,400,000 won and the interest rate of 15% per annum from July 5, 2016 to the date of full payment” (hereinafter “instant judgment”) (hereinafter “instant judgment”), which states that “the Plaintiff and Nonparty C shall pay to the Plaintiff 1,100,000 won and the interest rate of 15% per annum from July 5, 2016 to the date of full payment, but this judgment is irrelevant to the Plaintiff, which became final and conclusive as is.”

B. According to the instant judgment, the Plaintiff filed an application for compulsory auction of real estate owned by the Plaintiff for the compulsory auction of real estate and received a decision to commence compulsory auction as Ulsan District Court D.

C. On April 25, 2017, the Plaintiff deposited KRW 5,983,224 [the principal = KRW 533,424 (the amount calculated by applying the rate of 15% per annum from July 5, 2016 to April 25, 2017] with the Defendant as the principal deposit and deposited KRW 1,049,80].

[Reasons for Recognition] Unsatisfy, Entrys at Gap's 1 to 4 and the purport of whole pleadings

2. According to the judgment and the facts of the above recognition, the Plaintiff’s obligation based on the above judgment against the Defendant was extinguished due to the above payment deposit.

As such, the objection of this case seeking the exclusion of the executory power is justified, and it is so decided as per Disposition by the assent of all participating Justices.