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

A. In Seoul Central District Court in 2012, the Defendant filed a lawsuit against the Plaintiff and A (2012Gahap71072, hereinafter “1 case”) and a lawsuit claiming compensation for damages (hereinafter “second case”). The said court dismissed the claim against the first case and rendered a judgment of acceptance of part of the claim against the second case.

B. The Seoul High Court, the appellate court of each of the above cases, changed the first instance judgment on September 9, 2016 with respect to the first case, and sentenced that “the Plaintiff and A jointly and severally with the Defendant from September 14, 2012, and the Plaintiff shall pay to the Defendant 35,274,410 won with the interest of 6% per annum from January 11, 2013 to September 9, 2016, and the interest of 20% per annum from the next day to the day of full payment.” The above judgment was dismissed and finalized by the Supreme Court on January 18, 2017.

On the other hand, the Seoul High Court revoked the first instance judgment on the second case and rendered a dismissal judgment, and the said judgment became final and conclusive.

C. Meanwhile, in the distribution procedure of the Plaintiff’s property (Cheongju District Court B; hereinafter “instant distribution procedure”), the Cheongju District Court prepared a distribution schedule as indicated in the attached Form on December 8, 2014, and the Defendant received dividends of KRW 39,556,759 on the same day as the third-class creditor (owner of attachment).

[Grounds for recognition] The written evidence Nos. 4, 5, and 6 and the purport of the whole pleadings

2. The plaintiff asserts that although the defendant received dividends in the distribution procedure of this case by provisional execution of the judgment of the court of first instance of the second case, the defendant's claim for damages was dismissed in the second instance of the second case, and therefore, the 39,556,759 won of dividends received by the defendant was acquired without any legal ground, and thus, the plaintiff should return this amount to the plaintiff

The defendant, based on the final judgment of the first case, has a claim above the above dividends against the plaintiff, and the defendant receives the dividends from the plaintiff.