1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant brought a lawsuit claiming consolation money against the Plaintiff with the Seoul Central District Court 2014Gahap3127 by asserting that the Plaintiff had suffered emotional distress due to the Plaintiff’s act of false accusation, etc., and the said court rendered a judgment on September 5, 2014 that “the Plaintiff shall pay KRW 3,00,000 to the Defendant” and the said judgment became final and conclusive around that time.

(hereinafter “instant judgment”). (b)

On December 11, 2014, the Defendant applied for a compulsory auction for corporeal movables on December 11, 2014, and disbursed KRW 36,434 as execution expenses. On December 30, 2014, the Defendant applied for a compulsory auction for real estate owned by the Plaintiff to Seoul Central District Court C, and received a decision to commence auction on December 31, 2014. In this regard, the Defendant spent KRW 937,260, including registration and license tax, as execution expenses.

C. On January 9, 2015, the Plaintiff deposited KRW 3,000,000 as Seoul Central District Court’s Decision under Article 487 of the Civil Act by designating the Defendant as the principal deposit on the ground that the Defendant refused to receive payment.

[Reasons for Recognition] The substantial facts in this Court, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the plaintiff deposited KRW 3,000,000 for the repayment of the debt recognized in the judgment of this case, and thereby, the debt based on the judgment of this case has ceased to exist. Thus, compulsory execution based on the judgment of this case should be dismissed.

B. The costs necessary for the judgment are borne by the obligor and the reimbursement is made preferentially by the enforcement. As such, such enforcement costs are based on the relevant debt name, which is the basis for enforcement without any separate title of debt, and can be collected together with the claims indicated in the relevant compulsory execution procedures, and accordingly, the original obligation indicated in the name of the obligor was extinguished by the deposit for repayment.

The cost of the execution shall not be paid even if it is not paid.