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1. Revocation of a judgment of the first instance;
2. The defendant shall pay to the plaintiff KRW 236,90,000 and its amount shall be from March 21, 2012.
Reasons
1. Facts of recognition;
A. The Plaintiff and C’s lawsuit relation (execution claim) 1) The Plaintiff is a Korea Comprehensive Construction Corporation (hereinafter “D type case”).
(2) On June 25, 2007, C, a representative director of D Class D, had a claim for the construction cost of KRW 349,440,380 against the Plaintiff. On the other hand, C, on June 21, 2010, issued a certificate of borrowing stating that “C shall pay the Plaintiff KRW 250,000 (it shall be immediately repaid upon the Plaintiff’s request for reimbursement)” to the Plaintiff. Meanwhile, on the other hand, the Plaintiff applied for provisional attachment of KRW 250,000,000 as the claim amount, and on June 21, 2010, applied for provisional attachment of KRW 2010Kahap591 from this Court, and on June 22, 201, C, a judgment of provisional attachment was rendered to the Plaintiff on June 24, 2010, and C, a final and conclusive judgment of KRW 2010,300,000,000 against the Plaintiff.
3) On June 13, 201, the Plaintiff, based on the executory exemplification of the judgment indicated in the foregoing paragraph 2, received a claim attachment and collection order (hereinafter “instant claim attachment and collection order”) from the above court 201T on June 13, 201, and KRW 486,383,561 [the amount claimed as KRW 250,00,000, the claim amount of KRW 236,383,561 (the interest rate of KRW 24% per annum from June 26, 2007 to June 2, 2011). The Plaintiff served the Defendant, a debtor of the same month, the instant claim attachment and collection order (hereinafter “instant claim attachment and collection order”).
(b) C and the defendant;