The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

claim. The purport of the claim.

1. Basic facts

A. From April 12, 2010 to December 19, 2011, the Plaintiff wired money from the Plaintiff’s bank account (C) to another account as shown in the following table.

Amount on April 12, 2010 7,000,000 on April 19, 2011, 201. 1,400,000,000 June 29, 201, 201. 10,000,000 on September 23, 2011, 200,000 on December 6, 2011, 6, 1,50,000,000 on December 1, 2011, 211;

B. On December 8, 2017, the Plaintiff sent to the Defendant, a construction business operator, a content-certified mail stating that “a repayment of KRW 21 million, which was transferred to the Defendant’s account by December 15, 2017,” the Plaintiff, “a repayment of KRW 21 million,” which was sent to the Defendant.

[Ground for Recognition: Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings]

2. Determination on the legitimacy of the subsequent appeal of this case

A. The plaintiff asserted that the plaintiff filed an application for a seizure and collection order against D as the defendant's debt holder D as the execution title (the Daejeon District Court Decision 2018 other than the Daejeon District Court Decision 2018, 57234), and on September 14, 2018, the court received a seizure and collection order from the above application, and received the original seizure and collection order from D around September 20, 2018, and received the original copy of the above claim and collection order from D around September 20, 2018. The defendant knew around that time, that the compulsory execution based on the original copy of the judgment of the first instance court was being conducted by the above company.

must be viewed.

In addition, around November 2018, the plaintiff filed a complaint against the defendant as a crime of escaping from compulsory execution in relation to this case, and submitted the judgment of the first instance to an investigation agency as reference material, and the defendant was investigated into the case and was aware of the existence of the judgment of the first instance court.

must be viewed.

As long as the defendant submitted a petition of appeal to the court on June 27, 2019, which was later than two weeks from the above point of time, to the court, the appeal to the subsequent completion of the appeal of this case shall be governed by the law.

(b) The facts below the facts of recognition can be recognized by the record or are significant in this court.

1) The court of first instance shall serve a public notice to the defendant, such as a duplicate of the complaint of this case, a notice of the date of pleading, etc.