1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On May 13, 199, the Plaintiff issued 14,000,00 per share per face value to C, and C paid the above check to the Defendant for the repayment of the loan.

B. On July 6, 2001, the Defendant filed a lawsuit against the Plaintiff seeking the payment of KRW 14,000,000 (hereinafter “instant claim”) with the Gwangju District Court Decision 2001Gau102370, supra.

On July 9, 2001, the Gwangju District Court rendered a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) that “the Plaintiff shall pay to the Defendant the amount calculated by the rate of 25% per annum from the next day of the delivery of a copy of the complaint to the day of full payment” (hereinafter “the decision on performance recommendation of this case”). The said decision on performance recommendation was finalized on July 31, 2001.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 9, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion around 2005 recovered the authentic copy of the instant performance recommendation decision from the Defendant, and at the time, the Defendant drafted a letter stating that the Plaintiff would waive the instant claim.

Thus, since the claim of this case has expired, compulsory execution based on the decision of execution recommendation of this case should be denied.

B. 1) Where the Plaintiff asserts that the Defendant’s claim was not constituted in a lawsuit seeking objection against a final and conclusive payment order, the Plaintiff is liable to prove the fact that the cause of the claim was attributable to the Defendant, and where the Plaintiff asserts that the claim constitutes a cause for disability or extinguishment of the right, such as the invalidity or extinguishment of the claim by means of false representation in collusion (see Supreme Court Decision 2010Da12852, Jun. 24, 2010). The same applies to a lawsuit seeking an exclusion of the executory power of the final and conclusive payment recommendation decision. 2) The ground for objection by the Plaintiff is that the Defendant renounced the instant claim around 2005.