1. The defendant has the power to execute the collection claim against the plaintiff by Jeonju District Court 2008Kadan7251.

1. Basic facts

A. On October 8, 2008, the defendant received a decision to recommend reconciliation in this case that the plaintiff jointly and severally paid to the defendant 93,785,020 won and 15% interest per annum from the day following the day when the decision to recommend reconciliation was confirmed to the day of full payment. The decision was finalized on October 28, 2008.

(Seoul District Court 2008Kadan7251). (b) the Jeonju District Court 2008Kadan7251.

On November 20, 2015, the Defendant applied for the attachment and collection order against the Plaintiff’s deposit claims, etc. on November 30, 2015, and received the same order on November 30, 2015. The Plaintiff remitted KRW 70 million to the Defendant on January 25, 2016, and KRW 25 million on January 26, 2016, which is the following day. On January 25, 2016, the Defendant filed an application for the attachment and collection order as well as for the cancellation of execution of the same order, and the execution was rescinded around that time.

(In Mancheon District Court Branch 2015 Other Doz. 12090) c.

However, on June 11, 2019, the Defendant again received a seizure and collection order with the title of execution of the instant decision to recommend reconciliation, and accordingly commenced compulsory execution.

(In the absence of any dispute, Gap evidence No. 1-5, Eul evidence No. 3 (in the case of documentary evidence, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings. (The ground for recognition)

2. Judgment on the plaintiff's assertion

A. The summary of the claim 1) The decision of recommending reconciliation in this case became final and conclusive on October 28, 2008, and the extinctive prescription of the following claims has expired on October 27, 2018, and thus, a compulsory execution based on the decision of recommending reconciliation in this case shall not be permitted. 2) The fact that the decision of recommending reconciliation in this case became final and conclusive on October 28, 2008 is as seen earlier, but on the other hand, on November 30, 2015, the Plaintiff, who was subject to the order of recommending reconciliation in this case, paid the Defendant KRW 95 million in total to the Defendant on January 25, 2016 and on October 26, 2016 under the extinctive prescription period.