1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant: (a) served as the manager from February 2, 2006 to October 31, 201 in the Plaintiff Company (hereinafter “Plaintiff”); (b) decided to suspend business in a temporary general meeting of members due to the aggravation of the financial situation of the Plaintiff; (c) asserted that there was a claim amounting to KRW 58 million against the Plaintiff; and (d) filed an application for provisional seizure of each claim against the Plaintiff’s transaction partner as Seoul East Eastern District Court Decision 201Kadan9367, the Defendant filed an application for provisional seizure of each claim against the Plaintiff’s transaction partner, and received a provisional seizure order on December 13, 201 (hereinafter “instant provisional seizure”) from February 3, 201 to October 31, 201.

The above provisional attachment ruling was served on the third obligor around that time.

B. Since then, the Defendant filed a lawsuit against the Plaintiff for a loan claim, and the first instance court (Seoul Southern District Court 201Gadan9805) rendered a judgment against the Defendant on October 25, 2013, on the grounds that there is insufficient evidence to acknowledge the lending on October 25, 2013. While the Defendant appealed therefrom, the Defendant’s appeal was dismissed on August 29, 2014.

(Seoul Southern District Court 2013Na13363). The defendant appealed against the appellate court judgment, but on November 27, 2014, the appellate court rendered a judgment dismissing the appeal.

(Supreme Court Decision 2014Da63094).

On February 14, 2014, the provisional attachment of this case was cancelled on February 18, 2014 due to the Defendant’s application for cancellation of enforcement (e.g., withdrawal).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1-3, Eul evidence 7, the purport of the whole pleadings.

2. Determination

A. Although preservative measures, such as the occurrence of damages liability, provisional attachment, and provisional disposition, are executed by the court's decision, whether there is a substantive claim shall be entrusted to the lawsuit on the merits and the creditor's liability shall be borne by the vindication.