1. It is based on the Daejeon District Court Decision 2010Kadan10537 Decided April 1, 201, against the Defendant’s Plaintiff.

1. Basic facts

A. On April 1, 2011, the Defendant filed a lawsuit against the Plaintiff for the claim for construction price under this Court Order 2010Da10537, and was sentenced to the judgment of this Court that “the Plaintiff shall pay to the Defendant the amount of KRW 18,173,600 and the interest calculated at the rate of 5% per annum from October 13, 201 to April 1, 2011, and 20% per annum from the next day to the date of complete payment.” The above judgment became final and conclusive.

B. According to the above judgment, the Defendants applied for a compulsory auction against the real estate owned by the Plaintiff to this court B, and the compulsory auction procedure was commenced.

In the above auction procedure, the defendant spent 5,00 won for stamp, 37,190 won for registration, local education tax, 7,430 won for registration, and 6,000 won for registration.

As of the date of the closing of argument, 2,880,00 won was paid with the advance payment for auction, the balance was 1,769,700 won, and 357,500 won was paid, and the balance was 295,550 won as of the date of the closing of argument.

C. On August 14, 2014, the Plaintiff deposited KRW 32,159,370 in total with the Defendant, (i) KRW 29,943,364, (ii) KRW 1,061,406, and (iii) KRW 978, 2014, as the same court No. 2014, Sept. 12, 2014, (i) KRW 32,159,370, as the same court No. 2014, Sept. 12, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, significant facts to the court, purport of whole pleadings

2. Determination

A. When a debtor pays expenses and interest of one or more obligations, and the person performing the performance has effected performance which has failed to extinguish the entire obligation, such performance shall be appropriated in the order of the expenses, the interest and the principal, and with respect to the executive titles ordering the payment of money, the whole executory power shall not be excluded unless the expenses for the execution are reimbursed.

(See Supreme Court Decision 2008Da10051 Decided July 10, 2008, and Supreme Court Decision 2008Da51359 Decided October 29, 2009, etc.) B.

As of August 14, 2014, the first repayment date of the instant application for appropriation, the Plaintiff pursuant to the instant judgment, which was the first repayment date, to the Defendant.