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1. Revocation of the first instance judgment.
2. On April 2015, 2015, Daegu District Court Decision 2017
Reasons
1. Basic facts
A. The Plaintiff’s seizure and collection order 1) The Plaintiff Company B (hereinafter “B”).
(C) A claim for provisional seizure against the non-paid goods payment claim amounting to KRW 91,267,660 was filed with the Daegu District Court Branching 2013Kadan3579, Daegu District Court (hereinafter “Seoul District Court Branching 2013Kadan3579), Gyeongbuk-do, Gyeongbuk-do, the Republic of Korea (provisional seizure claim amounting to KRW 25 million), and the claim amounting to C and received a decision of provisional seizure against the claim on November 20, 2013 (hereinafter “provisional seizure”).
(2) The Plaintiff filed a lawsuit against B claiming for the payment of the unpaid amount of KRW 91,267,660 as the Seo-gu District Court Branch Decision 2014Ga1151, and the said court rendered a settlement recommendation with the effect that “B shall pay the Plaintiff KRW 60 million up to December 31, 2014. If B fails to pay the said amount by the due date, it shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the day following the due date to the date of full payment (hereinafter “instant settlement recommendation”). The settlement recommendation decision became final and conclusive on October 28, 2014.
3) On February 26, 2015, the Plaintiff, based on the decision to recommend reconciliation in the instant case, as the claim amounting to KRW 61,808,219, the Plaintiff was issued a ruling of the seizure and collection order of the claim to transfer the provisional seizure of B’s Daegu Metropolitan City and the above provisional seizure against the Republic of Korea to the original seizure. B. On December 13, 2013, the Defendant’s seizure and collection order of the Defendant’s claim KRW 80,000 from the Defendant and the due date for repayment was April 20, 2014 (hereinafter “the instant loan certificate”).
2 On April 29, 2014, based on the instant loan certificate, a notary public of April 2014, stating that “The Defendant lent KRW 80 million to B on December 13, 2013, and the period of repayment of the said loan was June 20, 2014, and damages for delay shall be 20% per annum.”