1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. In the first instance court, the Plaintiff claimed a collection amount of KRW 80,000,00, which C had against the Defendant based on the Plaintiff’s seizure and collection order against C.

The court of the first instance accepted the Plaintiff’s claim for 17,762,530 won as to the Plaintiff’s claim, and 30,000,000 won as to the loan claim based on the permission on the provisional deposit as of May 8, 2014, and rejected the Plaintiff’s claim for retirement interim settlement and other loan claims.

In regard to this, only the defendant appealed and only the part of the debt collection based on the loan claim of KRW 30,000,000 based on the permission on the provisional deposit as of May 8, 2014, among the part against which he lost, the scope of the court's judgment is limited to the part of the debt collection based on the permission on the provisional deposit as of May 8, 2014 against the defendant.

2. The court's explanation on this part of the basic facts is identical to the statement in the corresponding column of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

3. Determination as to the Plaintiff’s claim for collection based on the Plaintiff’s loan claim against C

A. On May 8, 2014, the Plaintiff asserted by the parties, based on the Changwon District Court Decision 2015TTT 4210, and the collection order, C seized and collected KRW 50,000,000, out of the loan claim claim, which was leased by the administrator of the Changwon District Court to the Defendant on the condition that he/she would receive a lump sum repayment at the time of paying the progress payment with the permission of the administrator of the Changwon District Court. Since the above collection order was served on the Defendant, the Defendant is obligated to pay the Plaintiff the collection amount pursuant

The Plaintiff sought payment of KRW 50,000,000 according to the above collection order, but the first instance court accepted only KRW 30,000,000 among them, and accordingly, the Plaintiff did not appeal. As such, the lower court is liable to pay KRW 30,00,000 as well as to pay KRW 30,000.