1. The Defendant’s decision of performance recommendation is based on the Defendant’s decision of performance recommendation on November 14, 2016 the Suwon District Court’s Ansan Branch for the Plaintiff.

1.The following facts of recognition do not conflict between the Parties:

The Defendant brought an action against the Plaintiff to pay an amount equivalent to 20% per annum from November 15, 2013 to the date of full payment of retirement allowance of KRW 17,972,747 and its retirement allowance of KRW 17,97 and its retirement allowance of the Plaintiff.

(2016 Ghana46547). (b)

The court rendered a decision on performance recommendation that “the Defendant shall pay the Plaintiff the retirement allowance” (hereinafter “the instant decision on performance recommendation”), and the instant decision on performance recommendation was served on November 22, 2016 and finalized on December 7, 2016.

C. On March 18, 2017, the Plaintiff paid 18 million won to the Defendant.

2. Determination as to the cause of action

A. On March 18, 2017, the Plaintiff asserted that, upon paying the Defendant the amount of KRW 18 million to the Defendant, compulsory execution based on the instant decision of performance recommendation should be denied, since all obligations arising from the instant decision of performance recommendation were extinguished. Accordingly, the Defendant’s above amount of KRW 18 million is insufficient to extinguish all obligations arising from the instant decision of performance recommendation. Therefore, compulsory execution should be allowed for the shortage.

B. On March 18, 2017, if the Plaintiff appropriated the amount of KRW 18,00,000 paid to the Defendant up to that time, for the repayment of the obligation based on the decision on performance recommendation of this case, 12,004,810 won for delay damages (=17,972,747 won + 3 years + 124/365 days + 0.2), 5,95,100 won remaining after being first appropriated for the repayment of the obligation based on the decision on performance recommendation of this case, shall be appropriated for the principal amount of KRW 17,972,747,57,557, which remains.

Therefore, since the Plaintiff’s debt based on the decision on performance recommendation of this case against the Defendant remains 11,97,557 won and damages for delay at the rate of 20% per annum from March 19, 2017 to the full payment date, compulsory execution based on the decision on performance recommendation of this case is limited to the exceeding part.