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 April 25, 2005, the Plaintiff asserted that “A claim 30 million won against the Defendant” was transferred by C. As the cause of the claim, the Plaintiff filed a lawsuit against the Defendant (hereinafter “pre-appeal”) by the District Court Decision 2005Kadan14526.

B. On July 26, 2005, based on Articles 30 and 32 of the Judicial Conciliation of Civil Disputes Act, the above court rendered a decision in lieu of conciliation that “the defendant shall pay to the plaintiff 30 million won and interest thereon 5% per annum from March 1, 2005 to May 3, 2005, and 20% per annum from the next day to the day of full payment” (hereinafter “decision in lieu of the instant conciliation”), and the decision in lieu of the instant conciliation became final and conclusive on September 2, 2005.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 3, and the purport of the whole pleadings

2. Determination

A. 1) After the decision in lieu of the instant conciliation becomes final and conclusive, the Plaintiff is liable to pay to the Plaintiff the principal amount of KRW 18,006,687 and interest and delay damages from June 10, 2007 at the auction procedure for the Defendant’s property as executive title. 2) Accordingly, the Defendant is liable to pay to the Plaintiff 11,93,313 (30 million won - 18,006,687 won) and damages for delay calculated at the rate of 15% per annum for the Plaintiff from June 11, 2007 to the date of full payment. Meanwhile, the Plaintiff is liable to pay to the Plaintiff the damages for delay calculated at the rate of 15% per annum from June 11, 2007 to the date of full payment.

B. 1 Defendant’s assertion as to the Defendant’s assertion, despite the absence of a claim against C due to the completion of the settlement of claims and the settlement of debts between C, the Plaintiff filed a prior suit using the transfer documents, etc. prepared by forging the seal of C, and made a decision in lieu of the instant conciliation.