1. The Defendant’s judgment on July 24, 2017 against the Plaintiff is based on the final determination of the litigation cost amount 2012Kao294 dated July 24, 2017.

Basic Facts

On July 24, 2012, the Defendant filed an application with the Plaintiff for the determination of the amount of litigation costs with the Gwangju District Court 2012Kaba294, and received a decision from the said court on July 24, 2012 that “The amount of litigation costs to be reimbursed by the Plaintiff through the judgment on provisional disposition cases, such as the suspension of performance of directors’ duties, between the Plaintiff and the Defendant, shall be determined as KRW 3,110,184.”

The Defendant filed an application for compulsory auction of real estate D with respect to the Gwangju Northern District Court, Gwangju Northern District Court, for a decision on the determination of the amount of litigation costs as an executive title, with respect to the land and buildings owned by the Plaintiff, and received a decision on compulsory auction of real estate from the said court on April 29, 2019.

On June 17, 2019, the Plaintiff deposited KRW 4,030,00 in total, and deposited KRW 4,030,000 on September 11, 2019, as the Gwangju District Court Decision 2073, the litigation cost of KRW 3,110,184, and enforcement cost of KRW 919,816 (i.e., registration and license tax of KRW 7,460, an application fee of KRW 836,200, the service fee of KRW 65,200, the service fee of KRW 65,156, and KRW 5,000).

On September 25, 2019, the defendant withdrawn the application for compulsory auction of the above real estate.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 5, the purport of the entire pleadings, and the above facts of the judgment of this court, the obligations pursuant to the decision of determination of the amount of litigation costs against the plaintiff's defendant were extinguished by the above payment deposit. Thus, the compulsory execution against the defendant's plaintiff based on the decision of the amount of litigation costs determined on July 24, 2017 by Gwangju District Court Decision No. 2012Ka294 decided on July 24,

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.