1. The Defendant’s Cheongju District Court Decision 2013Da3852 decided Nov. 12, 2015 (main office) against the Plaintiff.

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff on the claim for transport charges against the Cheongju District Court Decision 2013Kadan3852, and the Plaintiff filed a counterclaim (Cheongju District Court 2013Kadan3869) seeking unjust enrichment against the Defendant during the said lawsuit.

B. On November 12, 2015, the said court rendered a judgment to the effect that “the Plaintiff shall pay to the Defendant 11,755,200 won and interest thereon at a rate of 5% per annum from May 15, 2012 to November 12, 2015, and at a rate of 15% per annum from the next day to the day of full payment,” and that “the Plaintiff shall pay to the Defendant 11,755,200 won and interest calculated at a rate of 15% per annum from the next day to the day of full payment,” and that the Plaintiff shall entirely dismiss the Plaintiff’s counterclaim

C. The Plaintiff appealed against the above judgment at the Cheongju District Court 2015Na4970 (principal lawsuit), 2016Na50 (Counterclaim), but the appeal was dismissed on February 16, 2017, and again filed an appeal at Supreme Court 2017Da8159 (principal lawsuit) and Supreme Court 2017Da8166 (Counterclaim), but the appeal on May 12, 2017 was dismissed, and the judgment related to the instant case became final and conclusive around that time.

On May 31, 2017, the Plaintiff: (a) calculated by the date of May 31, 2017, as the Jeonju District Court No. 2017, the Defendant as the principal deposit; and (b) the relevant judgment amounting to KRW 16,541,01,014 by May 31, 2017, the amount related to the instant case is KRW 16,540,214; and (c) the said deposit is deemed as a mistake in calculation

The defendant deposited and received the above deposit money.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 2-3 of evidence Nos. 2 and the purport of the whole pleadings

2. According to the above facts of the judgment, since all of the Plaintiff’s obligations related to the instant judgment against the Defendant have ceased to exist, compulsory execution based on the original copy of the judgment related to the instant case shall be dismissed.

(3) The Plaintiff’s claim is accepted on the grounds of its reasoning, but the costs of lawsuit are assessed against each party. It is so decided as per Disposition by the assent of all participating Justices.