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. On August 19, 200, the Plaintiff entered into a credit guarantee agreement for loans to E companies of the D Bank, but the said company did not pay the loans in full. On October 27, 2006, the Plaintiff filed a lawsuit seeking reimbursement against F and F’s wife who jointly and severally guaranteed the said company and F and F’s wife at the time. On December 28, 2006, the Plaintiff was jointly and severally sentenced to the judgment ordering the Plaintiff to pay the said amount of KRW 217,250,064 and its delay damages (Ulsan District Court Decision 2006Da4349). The above judgment became final and conclusive on February 8, 2007.

B. Meanwhile, the Defendant is a company engaged in gas leakage inspection, safety diagnosis, performance inspection, etc., and entered into an employment contract with F on May 1, 2015 by deeming the payment of benefits to be KRW 3 million per month and the term of the contract to be non-determined from May 1, 2015, and paid KRW 3 million per month to F from that time under the said employment contract until December 2015.

However, as of December 31, 2015, the Defendant prepared a new employment contract between F and F, which reduces F’s wages to KRW 1.5 million per month, between F, from January 1, 2016, and thereafter, the Defendant prepared a benefit ledger of the Defendant and reported F’s monthly remuneration to the National Health Insurance Corporation.

C. On April 25, 2016, the Plaintiff: (a) based on the foregoing Ulsan District Court Decision 2006Da44349 Decided April 25, 2016, the claimed amount was KRW 667,935,374 ( principal KRW 217,250,064 for delay damages of KRW 450,659,110); (b) the amount of monthly salary that F receives from the Defendant is not more than KRW 1.5 million; (c) the amount of monthly salary exceeds KRW 1.5 million, but is less than KRW 3 million, the amount exceeding KRW 1.5 million) the Plaintiff filed an application for a seizure and collection order regarding the amount of the above claim until it reaches the claim; and (d) on May 12, 2016, the Plaintiff served the Defendant with the seizure and collection order issued on May 12, 2016 (Ulsan District Court) and the seizure and collection order issued on March 16, 2016.