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

Purport of claim and appeal

The first instance court.

A. B entered into a loan transaction agreement with the defendant on March 19, 1998 on the loan limit of KRW 10,000,000 and the loan period of one year (hereinafter “instant loan”). Since then, B has renewed the above contract every year.

B. On July 2, 2002, B concluded a Class B insurance contract with the Defendant (hereinafter “instant insurance contract”) at the location of the Nonghyup Bank’s hot spring-dong branch.

C. On July 14, 2007, the Plaintiff became final and conclusive in Busan District Court Decision 2007Gaso342478, the Plaintiff received on November 27, 2008 the order of attachment and collection of claims (hereinafter “instant attachment and collection order”) against the insurance refund claim of this case, and the above order was served on the Defendant on December 1, 2008.

B terminated the instant insurance contract on January 20, 2009, and offset the same amount between KRW 1,059,626 and the instant loan claims.

E. Upon the Plaintiff’s claim for the collection amount, the Defendant concluded a pledge contract on March 21, 2005 regarding the insurance claim of this case prior to the seizure and collection order of this case.

A set-off, such as Paragraph (1), rejected the payment of the collection amount on the ground that it could oppose the order of seizure and collection of this case.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply), the witness Eul's testimony, and the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that the defendant entered into a pledge contract with B on January 20, 2009, which was after receiving the attachment and collection order of this case, and entered into the pledge contract with B on March 21, 2005, and thus, the defendant's claim that the set-off between the defendant and B was unlawful, and thereby, the plaintiff did not receive the collection amount of KRW 1,192,000, and thus, the defendant is liable for compensation to the plaintiff.

B. The determination of the legal effect of the creation, modification, and extinguishment of rights in the civil litigation procedure is based on the determination.