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. Basic facts

A. On May 19, 2014, the Defendant filed a lawsuit against the Plaintiff seeking a loan of KRW 25,742,465 with the Incheon District Court Decision 2014DaDa11145 and damages for delay of KRW 20,000 among the loans and damages for delay of KRW 20,000 (hereinafter “instant loan”).

B. On July 6, 2014, the Plaintiff failed to raise an objection within the objection period even after receiving a decision on performance recommendation of the instant case from the said court. As such, the said decision on performance recommendation was finalized.

(hereinafter referred to as “instant decision on performance recommendation”). 【No dispute exists concerning grounds for recognition, entry of evidence No. 1, and purport of the entire pleadings

2. The parties' assertion

A. The Plaintiff’s summary of the Plaintiff’s assertion agreed that C, who is the Plaintiff, shall repay for one year each year between the Defendant and discharge the remainder of the obligation, and thereafter C, from August 2014 to July 2015, paid the Defendant a sum of KRW 24,000,000 per month, thereby completing the repayment of the instant loan obligation.

Therefore, compulsory execution based on the decision of execution recommendation of this case should be rejected.

B. The summary of the Defendant’s assertion was unilaterally notified to the Defendant that he would make installment payments in 12 times, and it did not agree with C to exempt the remainder of the loan obligations after the installment payments of KRW 24 million between C and C.

3. Determination

A. In light of the following circumstances acknowledged by Gap’s written evidence Nos. 1 and 2 and the purport of the entire pleadings as to whether to exempt the remainder after installment payments, it is recognized that the defendant agreed to pay 24,000,000 won out of the principal and interest of the loan of this case for one year each month and to exempt the remainder interest.

① The Plaintiff’s installment payments to the Defendant amounting to KRW 24,00,000,00 in total, and the principal of the instant loan exceeds KRW 20,00,000,00 in total, and the principal and interest amounting to KRW 27,320,547 at the time the repayment began = the principal and interest at the time of the commencement of payment.