1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

1. Basic facts

A. On December 23, 2003, the Plaintiff and D and E lent money to Defendant B (hereinafter “instant loan”), while running a lending company with the trade name of “F”), and Defendant C guaranteed Defendant B’s instant loan.

B. D received money from Defendant B on February 16, 2012, and agreed that all of the remainder of the principal and interest of the instant loan should be extinguished (hereinafter “instant agreement”), and D received KRW 65,00,000 from Defendant B around that time.

C. The Plaintiff filed a lawsuit for unjust enrichment and damages with D and E in this case without consultation with the Plaintiff on the ground that the Plaintiff must make restitution of unjust enrichment or compensate for losses, and that the borrower’s partnership business was terminated, the Plaintiff shall make settlement. The court rendered a judgment that “D shall pay to the Plaintiff 32,098,765 won and interest calculated at each rate of 20% per annum from the next day to the day of full payment” on July 1, 2014, and that “D shall pay to the Plaintiff 5% per annum and 20% per annum from the next day to the day of full payment.”

On May 26, 2015, the Plaintiff appealed to the foregoing judgment in Incheon District Court 2014Na11680 (principal lawsuit) and 11697 (Counterclaim), and the said court rendered a judgment that “E jointly with D shall pay to the Plaintiff 32,098,765 won, and the amount calculated at the rate of 5% per annum from April 23, 2013 to May 26, 2015, and 20% per annum from the next day to the date of full payment.”

(hereinafter “Prior Lawsuit”) D.

On January 8, 2015, the Plaintiff received the order of seizure and collection as to KRW 10,00,000 of the accounts payable under the instant agreement against the Defendants as the case of the collection and seizure of claims No. 2015, 115 from the Incheon District Court Branch of the Incheon District Court as the claims for the claim under the instant prior lawsuit, and the said order was issued on January 9, 2015.