1. The Defendant’s judgment against the Plaintiff on October 10, 2018 is based on the case, such as the return of down payment (2017da3092 down payment) against the Plaintiff.

1. Facts of recognition;

A. On October 10, 2018, the Defendant filed a lawsuit against the Plaintiff for the return of down payment, etc., the lower court rendered a judgment that “the Plaintiff shall pay to the Defendant 20 million won and the amount calculated by the rate of 5% per annum from October 17, 2017 to October 10, 2018, and 15% per annum from the next day to the date of full payment.”

Therefore, the plaintiff appealed (2018Na1039) and the appellate court dismissed the above appeal, which became final and conclusive on September 17, 2019.

(hereinafter “the final judgment of this case”). (b)

On November 6, 2018, the Plaintiff deposited the full amount of the obligation with the Defendant as the principal deposit account in accordance with the final and conclusive judgment of this case (including damages for delay calculated at the rate of 5% per annum from October 17, 2017 to October 10, 2018) by depositing the total sum of 21,205,478 won (including damages for delay calculated at the rate of 15% per annum from the next day to November 16, 2018, which is the date of deposit), with the Defendant as the principal and interest under the final and conclusive judgment of this case.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence (including paper numbers), the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the Defendant deposited repayment as above, and the Plaintiff’s obligation against the Defendant was entirely extinguished according to the final judgment of this case.

I would like to say.

Therefore, the defendant's compulsory execution against the plaintiff should be denied based on the final judgment of this case.

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