1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On May 16, 2008, the Defendant (Seoul District Court 2008Kadan4749, Daegu District Court 2008, 92,517,655 won loan claims against A, as preserved claims, was issued a seizure and collection order against A, with respect to the goods price and construction cost claims against the Plaintiff.

B. After that, the defendant filed a lawsuit against the plaintiff for the claim for the collection of the collection amount, and on October 8, 2008, the Jeonju District Court Decision 2008Ma7251 rendered a ruling of recommending settlement (hereinafter referred to as the "decision of recommending settlement in this case") with the purport that "the plaintiff shall jointly and severally pay to the defendant 93,785,020 won and the amount calculated at the rate of 15% per annum from the day following the day when the decision of recommending settlement became final and conclusive to the day of full payment." The decision became final and conclusive on the 28th of the same month because there was no objection by the plaintiff and the defendant.

C. On April 22, 2009, the Defendant issued a seizure and collection order regarding the Plaintiff’s five financial institutions based on the original copy of the Incheon District Court’s 2009TTT 6550 decision of recommending reconciliation of this case.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 through 6, and 8 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. Compulsory execution based on the Defendant’s decision of recommending reconciliation of this case by the Plaintiff should not be permitted in light of the following circumstances, or at least 29,500,000 won should not be permitted.

1) The Plaintiff and A entered into a multiple recommended contracts, and the sum of the construction amounts is KRW 687,00,000. The Plaintiff paid KRW 702,00,000 to A, which is more than that of the Plaintiff, and the Plaintiff had already extinguished all the Plaintiff’s obligations to A before the instant reconciliation recommendation was made. (ii) Even if the said obligations remain even if they were to remain, A shall pay the overdue wages, etc. to B’s retired workers (hereinafter “workers’ representatives”).