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. Determination as to the cause of claim

A. The facts of recognition 1) A, including related litigation, filed a claim against the Defendant for the return of the deposited money under Seoul Central District Court 2012Kahap5959 (hereinafter “related litigation”).

(2) From the appellate court (Seoul High Court 2013Na39171) to November 7, 2013, the appellate court (Seoul High Court 2013Na39171) concluded a mediation that “the Defendant shall pay KRW 190 million to C, but the amount of KRW 50 million shall be paid up to November 27, 2013, and the remainder of KRW 140 million shall be paid up to January 15, 2014.” (2) The Plaintiff filed an application for the collection order for the seizure and collection of the instant claim against C with the District Court 2014Na9780, Jyang-si, Seoul High Court 2013Hu4281, based on the original copy of the loan execution order, and the claim amount of KRW 469,317,500,000,000 among which C has against the Defendant according to the relevant lawsuit, and the above order for collection was served to the Defendant and the aforementioned order for collection was seized and seized 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, Eul evidence 7, the purport of the whole pleadings

B. Meanwhile, the Plaintiff is a person who had already repaid KRW 116,923,562 to C before the Defendant was served with a collection order for the seizure and collection of the instant claim. Thus, according to the above facts acknowledged, the Defendant, barring any special circumstance, is obligated to pay the amount of KRW 73,076,438 (i.e., KRW 190 million - KRW 116,923,562) and damages for delay.

2. Judgment on the defendant's assertion

A. Although the Plaintiff did not lend money to C, the Plaintiff is deemed to have conspired with C to lend money, and there is a false loan claim.