1. The defendant's case where Suwon District Court 2016Gau 9339 deposit against the plaintiff was returned to the defendant.

1. Basic facts

A. On May 30, 2016, the Defendant filed a lawsuit against the Plaintiff for the payment of deposit KRW 10,000,000 and damages for delay with the Suwon District Court 2016Gau 9339, Sungnam-si, Gwangju District Court, and the Plaintiff did not raise an objection despite receiving the notification of the recommendations for performance of the instant case from this court, and the said decision of performance recommendation became final and conclusive on July 16, 2016.

(hereinafter referred to as “instant decision on performance recommendation”). (b)

The Plaintiff paid 10,00,000 won as principal on October 13, 2016, and 563,530 won as damages for delay on October 26, 2016, respectively, to the Defendant according to the instant decision on performance recommendation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the whole purport of the pleading

2. We examine the assertion and judgment, and the above repayment by the plaintiff is deemed to have extinguished all of the obligations arising from the decision on the execution recommendation of this case.

On the other hand, the defendant asserts that the plaintiff should pay the total amount of KRW 2,012,300, which the plaintiff promised to pay to his husband, including all the expenses following the request for the execution recommendation of this case and all the expenses following the procedure for compulsory execution of claims. However, this is not directly related to the execution recommendation of this case, and there is no reason to believe

Therefore, it is reasonable to deny compulsory execution based on the defendant's decision of recommendation of execution of this case against the plaintiff.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.