1. Compulsory execution based on the Decision 2016 Ghana1060 Decided October 19, 2016 against the Defendant’s Plaintiff is a compulsory execution against the Defendant’s Plaintiff.

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff for a claim for the return of provisional execution amount against the District Court Decision 2016 Ghana1060. On October 19, 2016, the lower court rendered a final judgment with the following content.

The Plaintiff shall pay to the Defendant the amount of KRW 8,284,430 as well as 5% interest per annum from November 10, 2015 to June 3, 2016, and 15% interest per annum from the next day to the day of full payment.

B. The compulsory execution procedure (Seoul Western District Court C) commenced on November 21, 2016 according to the above judgment.

C. On May 15, 2017, when the procedure for compulsory auction was in progress, the Plaintiff deposited the principal and interest of KRW 9,697,323 according to the above judgment and filed the instant lawsuit. On May 17, 2017, the said procedure for compulsory auction is suspended according to the decision to suspend compulsory auction.

In the above compulsory auction procedure, KRW 815,860 out of the total amount of KRW 1,200,000 paid by the Defendant to the auction deposit, and KRW 181,239 out of the amount of KRW 222,00 paid by the Defendant in advance was used until now.

In addition, the defendant paid KRW 21,810, KRW 3,000, KRW 5,000, and KRW 1,026,90 for the seizure, and the execution cost of KRW 1,026,90 has been incurred until now.

【Ground for recognition】An absence of dispute, and description of Gap’s 1 through 9

2. The parties' assertion

A. Since the Plaintiff paid all the principal and interest claims according to the above judgment, compulsory execution pursuant to the above judgment shall be dismissed.

B. As the Defendant’s enforcement cost was not reimbursed of KRW 3,300,000, the above judgment has the executory power to that extent.

3. Determination

A. The costs necessary for compulsory execution shall be borne by the obligor and shall be reimbursed preferentially by the enforcement. Such enforcement costs may, without any separate title of debt, be collected together with the claims indicated in the name of the obligor in the enforcement procedure in question, based on the name of the obligor in question, which is the basis for the enforcement of the enforcement. Accordingly, the original obligation indicated in the name of the obligor.