1. The compulsory execution based on the judgment of Daejeon District Court 2012Kadan48784 against the Defendant’s Plaintiff is KRW 50 million and the compulsory execution against the Defendant.

1. The Defendant holds a claim for payment of KRW 50 million and the amount calculated by the rate of 20% per annum from November 20, 2012 to the date of full payment (hereinafter “assumed claim”) finalized by the Daejeon District Court Decision 2012Da48784 decided April 25, 2013 (hereinafter “instant judgment”) against the Plaintiff.

On March 29, 2014, the Plaintiff and the Defendant agreed that the Plaintiff would not enforce compulsory execution based on the claim for judgment by March 28, 2019 (hereinafter “the first agreement”). The Plaintiff paid KRW 10 million to the Defendant according to the first agreement. On June 20, 2018, the first agreement within the grace period under the first agreement, the Defendant was unable to obtain a loan under his/her name, upon request from the Plaintiff, and upon receiving a loan from the Defendant, the Defendant would pay the above principal and interest of KRW 10 million to the Defendant (hereinafter “the second agreement”). Under the second agreement, the Plaintiff received a loan of KRW 10 million in his/her own name and delivered the Defendant with the loan of KRW 10 million, and the Plaintiff paid the principal and interest of KRW 10 million to the Defendant up to the day.

[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1, 2 and 7, purport of the whole pleadings]

2. Determination on the claim

A. The plaintiff asserts that "the agreed contents at the time of the second agreement include the agreement that the defendant would be exempted from the full amount of the principal and interest of the judgment amount instead of receiving a loan of KRW 10 million in the name of the plaintiff, and thus, the claim for the judgment amount is exempted pursuant to the second agreement, and compulsory execution based on the judgment of this case shall be dismissed."

In regard to this, the Defendant asserts that “The content of exemption at the time of the second agreement is about KRW 50 million between November 20, 2013 and November 19, 2018, which was after the first agreement, and thus, the Defendant still exists the interest and the principal claim thereafter.”

B. The second arrangement pertains to the exemption of the original and the Defendant from the obligation of KRW 50 million by oral agreement.