1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff filed a lawsuit against D seeking the payment of loans with the Suwon District Court KRW 2013Gadan18313, which was the case where the Plaintiff filed a lawsuit against D on June 2014.

3. The above court was sentenced by the above court that "the defendant shall pay the plaintiff 50,00,000 won with 5% interest per annum from June 13, 2013 to December 9, 2013, and 20% interest per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time.

B. Based on the original copy of the judgment on the above loan case with executory power, the Plaintiff filed an application for a compulsory auction of real estate with respect to E apartment Nos. 103 and 807 (hereinafter “instant building”) with the Suwon District Court Suwon-si, the obligor D, and on July 15, 2013, the said court decided to commence the auction.

(hereinafter “instant auction procedure”). C.

On the other hand, on July 3, 2014, the Defendant issued a provisional attachment order of KRW 100 million (hereinafter “instant provisional attachment”) with a claim claim amounting to KRW 100 million loan (hereinafter “instant loan”) on September 5, 2013 as the Suwon District Court KRW 2014Kadan1756 (hereinafter “instant provisional attachment”).

Since then, on March 9, 2015, the Defendant filed a payment order with D to seek payment of the instant loan with the Suwon District Court Decision 2015Ra127, which was issued by the said court on March 9, 2015 (hereinafter “instant payment order”). The Defendant issued a payment order with the content that “the debtor, from October 6, 2013 to the service date of the original copy of the instant payment order, shall be 5% per annum for the creditor and 20% per annum from the next day to the day of full payment” (hereinafter “instant payment order”). The instant payment order was finalized on April 9, 2015.

In the auction procedure of this case, the plaintiff demanded the amount of claim 63,308,218 won, and the defendant participated in the auction distribution procedure of this case as a person entitled to provisional seizure, and the Suwon District Court Eunpyeong Housing Site Board.