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. Basic facts

A. 1) On November 5, 2009, the Defendant: (a) the loan certificate [the loan certificate of KRW 390 million; (b) the debtor K Co., Ltd. (hereinafter referred to as “C”); and (c) the F, E, G, and (hereinafter referred to as “the first certificate”) as joint and several sureties.

[] Based on the foregoing, the Seoul Central District Court filed an application for a payment order with the Seoul Central District Court No. 201j535, Jan. 31, 2011, the above court ordered the payment order to the effect that “C, F, E, and G shall jointly and severally pay to the Defendant KRW 390 million and at the rate of KRW 30 million per annum from November 6, 2009 to the date of full payment.” The above payment order was finalized on February 24, 2011 (hereinafter “the first payment order”).

(2) On September 1, 2011, the Defendant: (a) on the first payment order on September 1, 201, the claim amounting to KRW 540 million out of the claim amounting to KRW 50 million among the claim amounting to KRW 212,523,287 per annum from November 6, 2009 to August 30, 201; and (b) on the claim amounting to KRW 212,523,287,000,000,000,000 for KRW 54,40,000,000 (hereinafter “instant building”); and (c) on the claim amounting to KRW 77,00,000,000 for the leased claim amounting to KRW 39,00,00,000 (hereinafter “the instant leased claim”); (d) on the claim amounting to be returned to the Seoul District Court and the assignment order became final and conclusive on 101,514.6

3) After that, H paid KRW 128,690,910 to the Defendant the remainder after deducting the unpaid rent, etc. from the lease deposit. 4) The Plaintiff asserted that the first payment order was issued as the cause of a claim, and filed a lawsuit of demurrer against the Defendant by subrogationing C, claiming that the first payment order was issued as the cause of a claim.

The court of the first instance is ordered by the defendant to seize and attach the above claims against the claims to return the lease deposit of this case based on the first payment order.