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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On March 24, 2017, the Plaintiff asserted that the Defendant jointly and severally guaranteed the Defendant’s obligation to borrow KRW 60,000,000 to the Plaintiff on July 4, 2016 as the head of Changwon District Court Tong Branch Branch 2017Kadan1485, and filed the instant lawsuit claiming the payment of the joint and several liability amount against the Defendant on the ground of the cause of the claim.
B. On August 30, 2017, the court of first instance rendered a judgment that “the Defendant shall pay to the Plaintiff 60,000,000 won and interest calculated at the rate of 15% per annum from July 13, 2017 to the date of full payment,” and that the original copy of the judgment was served to the Defendant by public notice on September 2, 2017, and the judgment of first instance became final and conclusive on September 16, 2017.”
C. On October 31, 2017, the Plaintiff received the order of seizure and collection, where the Defendant and D Co., Ltd. were the garnishee, based on the judgment of the first instance court, based on which the Defendant were the debtor and D Co., Ltd., and the Defendant was served with the original copy of the decision on the seizure and collection order at his/her place of residence on December 22, 2017.
On January 15, 2018, the Plaintiff received KRW 5,000,000 from the Defendant, and applied for the return of title with respect to the above case of seizure and collection order on January 17, 2018, the Plaintiff cancelled the above claim seizure and collection order on the same day, and the above notification was served on the Defendant on January 22, 2018.
E. Since then, the Plaintiff received each payment of KRW 500,000 from the Defendant on February 21, 2018, KRW 500,000 on April 23, 2018, KRW 500,000 on June 4, 2018, and KRW 500,000 on June 28, 2018.
F. On July 4, 2018, the Plaintiff, based on the judgment of the first instance, received a seizure and collection order (the debtor, the garnishee, the third debtor D Co., Ltd., and five persons) under the jurisdiction of the Changwon District Court 2018TT2598, pursuant to the judgment of the first instance.