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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.
Reasons
1. Basic facts
A. On November 2, 2007, the Plaintiff lent 35,000,000 won to C on November 1, 2009 with a maturity of 20% per annum and delay damages, and when a notary public delays the payment of the above loan (hereinafter “instant loan”) with a law firm Locom No. 712 on November 1, 2009, the Plaintiff drafted a notarial deed to the effect that there is no objection even if compulsory execution was conducted immediately.
B. On February 19, 2013, when C did not perform the instant loan obligation, the Plaintiff filed an application for a collection and seizure order with the Suwon District Court 2013TTT 3852 regarding the claim against the financial institution, such as the card company, etc. based on the above notarial deed, and the said court issued a seizure and collection order (hereinafter “instant seizure and collection order”) on February 21, 2013, and around that time, the instant seizure and collection order was served to C.
C. On March 5, 2013, in order to withdraw the order of seizure and collection of the instant claim, C: (a) the Plaintiff and C’s total amount of debt to the Plaintiff is KRW 53 million; and (b) upon C’s settlement of repayment to KRW 3,00,000 out of the above agreed amount and C’s settlement of loan for consumption as to KRW 20,000,000, until March 5, 2013, C withdrawn the order of seizure and collection of the instant claim; (c) upon the Plaintiff’s withdrawal of the order of seizure and collection; and (d) C made a request for the collection of the instant claim to the Plaintiff by November 30, 2013 (hereinafter “instant agreement”); and (c) upon the Plaintiff’s withdrawal of the order of seizure and collection as to the remainder in full (hereinafter “instant claim”).
Meanwhile, around March 29, 2013, C, which was liable to the Defendant, entered into a business agreement with the Defendant to transfer to the Defendant all the operating rights, including business property, on the Ei datum located on the first floor of the Kugwon-si Office D Building (hereinafter “instant restaurant”), in lieu of the repayment of the above obligation, to the Defendant.