1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Basic Facts

On April 10, 2006, the Plaintiff drafted a loan certificate to the Defendant stating that “the Plaintiff regularly borrowed KRW 20,000,000 from the Defendant totaling KRW 10,000,000 on January 27, 2006, and KRW 10,000,000 on April 10, 206” (hereinafter “the instant loan certificate”).

(B) Around January 26, 2010, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 20,000,000 (No. 2010 Ghana7393) based on the loan certificate of this case with the Suwon District Court. On August 13, 2010, the said court rendered a ruling of recommending reconciliation with the purport that “the Plaintiff shall pay KRW 20,000,000 to the Defendant until August 31, 2010, and shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum” (hereinafter “decision of recommending reconciliation of this case”). The decision of recommending reconciliation of this case became final and conclusive as of September 3, 2010.

(A) The Plaintiff paid KRW 20,000,000 (hereinafter “the instant payment”) to the Defendant, as indicated in the attached Form “Calculation sheet”, in order to repay the Defendant’s claim against the Plaintiff (hereinafter “instant enforcement claim”) as indicated in the Defendant’s decision of recommending the settlement of the instant case.

At the third day of pleading of the first instance, the Defendant stated that there is no dispute over the deposit of the repayment amount on each day indicated in the column of “the date of repayment (the date of calculating interest”)” in the attached Table.

D’s claim against the Defendant on June 10, 201, and C’s application for compulsory execution and withdrawal of compulsory execution based thereon filed a lawsuit against the Defendant in Suwon District Court for damages against the Defendant, and in the above case, “the Defendant shall pay C 121,006,729 won and interest thereon at the rate of 5% per annum from November 8, 201 to May 17, 2012, and 20% per annum from the following day to the date of full payment”: Suwon District Court Branch Branch Branch Decision 2011Ga8573, May 17, 2012; and Seoul High Court Decision : Seoul High Court Decision :