1. The plaintiff's claim is dismissed.

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

Basic Facts

On August 20, 2015, the Plaintiff borrowed KRW 240,000,00 to B. On February 21, 2017, the Plaintiff filed an order for payment with the Seoul Southern District Court to seek the payment of the said loan and received the payment order on March 7, 2017.

(Seoul Southern District Court 2017Da1342). B) In the litigation proceedings against the above payment order, the Plaintiff was sentenced to the judgment on June 29, 2017 that “B shall pay to the Plaintiff 240,000,000 won and the interest rate of 15% per annum from June 30, 2017 to the date of full payment” (Seoul Southern District Court 2017Dadan21620), and the above judgment became final and conclusive as it is.

On February 23, 2017, the Defendant asserted that “The Defendant loaned KRW 400,000,000 to B during the period from June 21, 2011 to July 9, 2015 at interest rate of 10% per annum,” and applied for a payment order to the Suwon District Court, Suwon District Court. On February 24, 2017, the Defendant received a payment order stating that “B shall pay to the Defendant the amount of KRW 400,000,000 and the amount of money calculated at the rate of KRW 10% per annum from September 1, 2016 to the date of full payment” (hereinafter “instant payment order”), and the instant payment order became final and conclusive as it is.

On February 9, 2017, B deposited KRW 944,335,660 as compensation for losses due to the expropriation of land and buildings owned by B as deposit money and the seizure CHousing Redevelopment and Rearrangement Project Association deposited KRW 944,335,660 as compensation for losses.

(Seoul Southern District Court 2017No. 659). On February 10, 2017, the Plaintiff received a decision of provisional attachment against B on the claim amounting to KRW 242,987,364 from the Seoul Southern District Court as the loan claim amounting to KRW 242,987,364.

(Seoul Southern District Court 2017Kadan455). B paid 701,348,296 won, excluding the amount of provisional attachment by the plaintiff among the above deposit on February 16, 2017.

The defendant on April 19, 2017.