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. Facts of recognition;

A. As to the case of applying for provisional seizure of claim against the Plaintiff with the loan claim of KRW 15,00,000 as preserved right, the Incheon District Court 2004Kadan22160 applied against the Plaintiff, the above court accepted the Defendant’s application and rendered a decision of provisional seizure of claim against the Plaintiff’s garnishee on July 26, 2004.

On February 14, 2005, the Defendant obtained on February 14, 2005, 15, 15,000,000 won as the title of execution for the execution recommendation decision of the principal lawsuit filed against the Plaintiff (Secheon District Court 2004Gau33 loans), and collected on February 22, 2005, the total amount of the above claim from Lan District Fire & Marine Insurance Co., Ltd., the garnishee, the debtor, the amount of the provisional seizure and collection order (Secheon District Court 2004, 204, 104, 10432) as the claim amount.

B. On June 20, 2006, the Plaintiff filed a lawsuit against the Defendant seeking the return of unjust enrichment with the Incheon District Court 2006Kadan71501.

On June 21, 2007, the above court rendered a judgment that "the defendant shall pay the plaintiff 15 million won with 5% interest per annum from July 31, 2006 to June 21, 2007, and 20% interest per annum from the next day to the day of full payment." The above judgment was finalized on July 14, 2007.

C. On October 7, 2016, the Plaintiff filed the instant lawsuit against the Defendant for the purpose of extending the prescription period of the claim for return of unjust enrichment pursuant to the Incheon District Court Decision 2006Ma71501 (hereinafter “instant claim for judgment”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Determination

A. According to the above facts, the defendant calculated to the plaintiff the amount of KRW 43,557,534 with interest of KRW 15,00,000 with interest of KRW 15,000 with interest of KRW 15,000 with interest of KRW 15,00,00 with interest of KRW 669,863 with interest of KRW 15,000 with interest of KRW 15,000 with interest of KRW 15,00,000 with interest of KRW 669,863 with interest of KRW 15,00 with interest of KRW 15,00 from July 31, 2006 to October 4, 2016 with interest of KRW 20 per annum.