1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. The summary of the Plaintiffs’ claims filed a lawsuit seeking restitution of unjust enrichment (Seoul High Court 2013Na32286) between the Plaintiffs and the Defendant, and the Defendant confirmed a ruling of recommending reconciliation that “the Defendant shall pay 40 million won to the Hannan Donan Donan Donan (hereinafter “Gunan Donan Donan Donan Donan Donan Don Donan”) by February 28, 2014. If the Defendant had the payment date, the Defendant shall pay the unpaid amount and the damages for delay calculated at the rate of 20% per annum from the day following the payment

(hereinafter “instant recommendation for reconciliation.” However, the Defendant paid only KRW 31.2 million to the ASEAN and did not pay the remainder. Since the summary in the contract for a third party has the right to file a claim against the debtor for the performance of the obligation against the beneficiary, the Plaintiffs, as the lawsuit in this case, seek the issuance of the execution clause concerning the instant recommendation for reconciliation.

2. Article 30(2) of the Civil Execution Act provides that “The execution clause shall be granted only when a creditor proves that the conditions attached to the execution of a judgment have been fulfilled, if the creditor bears the burden of proving that such conditions have been fulfilled.” Article 31(1) provides that “The execution clause may be granted for the successor to the creditor indicated in the judgment or for the execution against the debtor’s successor indicated in the judgment: Provided, That it is limited to the case where such succession is evident to the court or where such succession is proved by a certificate,” and Article 33 provides that “if the necessary verification under the provisions of Articles 30(2) and 31 cannot be made, the creditor may file a lawsuit claiming the grant of the execution clause with the court of first instance.”

On the other hand, Articles 56 and 57 of the Civil Execution Act are the same as compulsory execution based on executive titles having the same effect as a final and conclusive judgment such as reconciliation in court.