A. D filed a lawsuit against the Defendant for a loan claim with the Suwon District Court Sung-nam Branch 2008Gadan21661, and the above court rendered a judgment on July 23, 2008 that “the Defendant shall pay to the Plaintiff 49,580,250 won with 12% per annum from September 7, 2005 to May 29, 2008, and with 20% per annum from the next day to the day of full payment” (hereinafter “instant loan judgment”). The above judgment became final and conclusive as it is.

B. The Plaintiff filed a lawsuit against D with the Seoul Central District Court No. 2017Da51100, Nov. 14, 2017, the said court rendered a judgment that “the Defendant shall pay to D the Plaintiff the amount calculated at the rate of 19% per annum from July 16, 2010 to the date of full payment” (hereinafter “the instant judgment”), and the said judgment became final and conclusive.

C. On January 4, 2018, based on the original copy of the judgment in the instant case, the Plaintiff received a seizure and collection order (i.e., the claim amount including delay damages, KRW 118,793,354; hereinafter “instant collection order”) with the Defendant as the debtor, and the Defendant as the third debtor, with respect to the claim based on the instant loan judgment as the Suwon District Court 2017TT18010, and received the seizure and collection order (i.e., the claim amount including delay damages), and the instant collection order was served on the Defendant on February 19, 2018.

On June 7, 2018, the Plaintiff filed a lawsuit claiming the collection amount of this case based on the collection order of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. According to the facts established prior to the determination of the cause of claim, barring any special circumstance, the Defendant shall pay D the amount of KRW 49,580,250 and the delay damages therefrom, which shall be paid to D pursuant to the final and conclusive decision on the instant loan. Of the Plaintiff’s collection amount, KRW 118,793,354 and the Plaintiff’s acquisition amount of KRW 49,129,322.