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. On July 18, 2008, from around December 29, 2008 to around December 29 of the same year, the Plaintiff filed a lawsuit claiming loans from the Seoul Eastern District Court 2009Da62432,00,000, and did not receive a final and conclusive judgment against the Plaintiff on January 13, 2010, stating that “The Defendant did not pay the Plaintiff KRW 28,317,50,00 (22,00,000,000, KRW 6,317,50,000, the sum of the interest accrued from July 18, 2008 to October 10, 200, and the Defendant did not receive a final and conclusive judgment against the Plaintiff.”

(hereinafter “instant prior suit”). B.

After that, the Plaintiff received the amount of KRW 3,401,212 on June 14, 201, and KRW 10,000,000 on November 16 of the same year from the Defendant side respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the parties’ assertion was: (a) the Plaintiff received judgment in favor of the Defendant on October 10, 209 only for the principal of KRW 22,00,000 and damages for delay up to October 10, 209; (b) in this case, the Plaintiff sought payment of damages for delay equivalent to 15% per annum from October 11, 2009 to the date of full payment; (c) after the instant suit, the Defendant received 10,000,000 won with interest of KRW 22,00,000 and KRW 23,40,000 from the Defendant’s side on June 14, 2016 to the date of full payment; and (d) the Defendant appropriated the remainder of KRW 13,401,210,308,301,200,306,307,214,207,216,207,316,27,2015.