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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. E’s loan relationship, etc. 1) The Defendant borrowed KRW 100,000 from D Association on October 31, 2003, from D Association to 206, as auditor, and from January 2007 to 2 years, as president respectively. 2) The Defendant borrowed KRW 100,000 from D Association on October 31, 2003.
3) On December 17, 2003, the Defendant received a loan of KRW 30 million from D Association at interest rate of KRW 15% per annum (hereinafter “instant loan”).
(3) Around that time, E lent the above KRW 30 million to E (hereinafter “instant loan”).
4) On January 18, 2004, E issued a promissory note on November 24, 2004 (hereinafter “the Promissory Notes”) to the Defendant with face value of KRW 30 million and due date.
B. On July 14, 2006, the defendant filed an application for payment order against E with the payment order claiming for the payment of the Promissory Notes amounting to KRW 30 million and the delayed payment damages. On April 18, 2007, the mediation was concluded that "E shall pay the defendant KRW 30 million up to July 20, 2007, and if the payment order is not made, the payment shall be made in addition to the damages for delay calculated at the rate of KRW 20% per annum from July 21, 2007 to the date of full payment, and all remaining claims of the defendant shall be waived."
(C) Changwon District Court 2006Gadan2853, hereinafter referred to as the “instant conciliation”).
On July 14, 2006, prior to the filing of the above order for provisional attachment, the Defendant applied for provisional attachment of real estate on 16 real estate in Changwon District Court 2006Kadan509 on July 14, 2006 and completed the provisional attachment registration on July 18, 2006. (2) On December 12, 2007, the Defendant completed the provisional attachment registration on 103 square meters in Gyeongnam-gun-gun, Gyeongnam-gun, Gyeongnam-gun, and its ground buildings, J, K, and K, and Gyeongnam-gun, and on 16 square meters in real estate in addition to 14,274, M274, 917 square meters in value, and on 16,000 square meters in value. (3), the Defendant completed the provisional attachment registration on 18, 2006.