1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. On February 6, 2014, the Plaintiff was sentenced to the Defendant in the Daejeon District Court Decision 2013Na11575, the Daejeon District Court rendered a ruling that KRW 20,000,000 and the amount equivalent to 20% per annum from April 24, 2013 to the date of full payment. The Plaintiff filed an appeal, but the appeal was withdrawn on April 15, 2014, and the said ruling became final and conclusive.

B. On April 3, 2014, the Plaintiff deposited the principal and interest of KRW 23,769,863 (interest of KRW 20,000,000 on the principal) with the Defendant as the principal and interest of KRW 23,769,863 (interest of KRW 3,769,863 on the principal and interest of KRW 20,00), and the Defendant pointed out that the said deposit was insufficient, and the Defendant remitted additional interest of KRW 22,853 to the Defendant around June 18, 2014, and accordingly, the obligation of the principal and interest of the said paragraph was fully repaid

[Ground of recognition] Facts that Gap evidence Nos. 2 and 4 had no dispute

2. According to the above facts of recognition, since the Defendant’s monetary claims against the Plaintiff recognized in the Daejeon District Court Decision 2013Na11575 Decided February 6, 2014 were all extinguished due to repayment, compulsory execution based on the above judgment should be dismissed.

In this regard, the defendant asserts that the plaintiff's claim is groundless since the plaintiff did not receive the total cost of lawsuit ordering the above judgment.

In light of the records on evidence No. 2, although it is acknowledged that the plaintiff and the defendant ordered the plaintiff to bear the total costs of the lawsuit incurred between the plaintiff and the defendant in the above judgment, the judgment on the charge of the lawsuit is to determine the existence of the obligation to reimburse the costs of lawsuit and to order the payment thereof, and the amount of the costs of lawsuit is subject to a separate decision on the determination of the amount of the costs of lawsuit pursuant to Article 110 of the Civil Procedure Act at the request of the parties. Thus, the judgment on the charge of the costs of lawsuit cannot serve as the executive title of the claim to reimburse the costs of lawsuit (see, e.g., Supreme Court Decision 2004Da818, Oct.