1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On January 15, 2014, B decided to lease “Seoul Special Metropolitan City, Nowon-gu, 118 Dong 202 (hereinafter “instant apartment”) with a deposit of KRW 50,000,000, monthly rent of KRW 1,000,000, and the contract term of KRW 1,000,000 from February 13, 2014 to February 12, 2015 (hereinafter “instant lease contract”), and accordingly, paid the Defendant the lease deposit of KRW 50,00,000 to the Defendant.

B. Around February 2014, the Plaintiff lent KRW 70,000,000 to B, and agreed to be paid in installments for 24 months each month. B paid only the amount of installments up to December 2014 (33,000,000) and delayed the amount of installments from January 2015.

C. Accordingly, on March 11, 2015, the Plaintiff filed an application for provisional seizure of claims against the Defendant on the claim amounting to KRW 46,200,00 ( KRW 3,300,000 x 14 times) corresponding to the remainder 14 minutes (Seoul Northern District Court 2015Kadan20439), and on March 11, 2015, the provisional seizure order on claims against the Defendant was issued, and the decision was served on March 23, 2015.

On July 14, 2015, the Plaintiff filed a lawsuit against B seeking the principal and interest of the loan (Seoul Eastern District Court 2015da110448) and sentenced that “B shall pay to the Plaintiff 46,20,000 won with the interest rate of 5% per annum from January 1, 2015 to May 20, 2015, and the interest rate of 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.

E. Based on the foregoing final judgment, on August 11, 2015, the Plaintiff was issued a ruling of the seizure and collection order (hereinafter “instant collection order”) with respect to the transfer of provisional seizure to the original seizure by the Seoul Northern District Court 2015TT District Court 201721, and the said ruling was served on the Defendant on August 13, 2015.

【Ground for Recognition: Each entry and pleading of the facts without dispute, Gap evidence 1, 2, and 3 (each number is included; hereinafter the same shall apply).