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

Purport of claim and appeal

The first instance court.

A. The Plaintiff’s damage claim 1) borrowed KRW 100 million from D on July 16, 2002, but repaid all of them on March 27, 2007. The Plaintiff pretended to be in collusion with D on May 1, 2007 to evade compulsory execution by creditors, and formed a notarial deed of debt repayment contract for the restaurant and corporeal movables owned by the Plaintiff on the part of D on the ground that the said debt remains. 2) After the occurrence of a dispute related to the lease agreement between the Plaintiff and D, D performed compulsory execution for the corporeal movables, deposit claims, real estate, etc. owned by the Plaintiff on the basis of the above false notarial deed.

3) Accordingly, on December 15, 2009, the Plaintiff filed a complaint against D with intent to commit fraud. On February 23, 2012, the Daegu District Court 2010No4573 decided on February 23, 2012: “D, in collusion with the Plaintiff, by deceiving the court by exercising the said notarial deed, which was prepared in collusion with the Plaintiff, and by deceiving the Plaintiff to enforce compulsory execution against the Plaintiff’s real estate, corporeal movables, and deposit claims, and obtained pecuniary benefits in the procedure,” and D was sentenced to ten months of imprisonment, and the above judgment became final and conclusive on May 24, 2012, the Plaintiff filed a lawsuit against D against D for compensation for damages caused by such unlawful act, and the judgment of Daegu District Court 201Na12475 decided on January 17, 2013, “D was paid at the rate of KRW 64,621,670 and 201 decided on December 13, 2014.”

5. Meanwhile, D filed a civil suit against the Plaintiff by the Daegu District Court 2010Gahap9287, based on the false claim of KRW 100 million against the Plaintiff, and won the Plaintiff’s property based on the above judgment, but the said claim was provisionally executed by the appellate court.