1. The defendant has the executive force of Busan District Court Branch 2002 Ghana104233 against the plaintiff.

1. Basic facts

A. The defendant filed a lawsuit against the plaintiff as Busan District Court Branch 2002Gaso104233 against the plaintiff.

B. On December 26, 2002, the above court made a decision on performance recommendation that "the plaintiff shall pay to the defendant 9,883,100 won with 25% interest per annum from February 8, 2003 to the date of full payment (hereinafter "the decision on performance recommendation of this case"). The above decision on performance recommendation was finalized on February 22, 2003.

C. On July 2019, the Defendant applied for a compulsory auction on the corporeal movables owned by the Plaintiff based on the original copy of the instant decision on performance recommendation to the Ulsan District Court. On July 10, 2019, the seizure on the said corporeal movables was executed.

(C) [Grounds for recognition] unsatisfy, entry of Gap evidence 1 to 3, the purport of the whole pleadings.

2. Summary of the parties' arguments

A. Claims arising from the Defendant’s decision on performance recommendation of the instant case against the Plaintiff were extinguished on February 21, 2013 after the lapse of ten years from February 22, 2003 when the said decision on performance recommendation became final and conclusive.

Therefore, compulsory execution based on the original copy of the Defendant’s decision on performance recommendation of this case should be rejected.

B. On April 4, 2003, prior to the expiration of the extinctive prescription of the claim based on the decision on performance recommendation of this case, the Defendant asserted that the said extinctive prescription has been interrupted since he received a provisional seizure order against D, a joint guarantor of the Plaintiff, from Busan District Court, 2003Kadan3374, and applied against D for a payment order of guaranteed debt by Busan District Court 2009Gudan1142, and the said payment order was finalized on May 26, 2009, and around July 25, 2010, D received reimbursement of KRW 3,151,610.

3. Determination

A. The facts that the instant decision on the recommendation of performance became final and conclusive on February 22, 2003, and the Defendant’s motion for the auction of corporeal movables against the Plaintiff on July 2019 are as seen earlier.

According to the above facts, the above facts of recognition are examined.