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. The fact that, on February 1, 2014, the Plaintiff determined the cause of the claim to the Defendant on December 31, 2014 and lent KRW 31,401,950 to the Defendant on December 31, 2014, with the interest rate of KRW 8% per annum, may not be disputed between the parties, or may be recognized according to the purport of the entry in the evidence No. 1 and

Therefore, the defendant is liable to pay to the plaintiff KRW 31,401,950 and damages for delay, unless there are special circumstances.

2. Judgment on the defense

A. The defendant raises a defense that the remaining principal is KRW 23,921,950 upon repayment of a part of the principal.

According to the evidence Nos. 2-1 and 2-2, around March 11, 2019, the Plaintiff filed an application for provisional seizure against the Plaintiff on the basis of the instant loan claim as a preserved right, and stated in the reasons for the application that “at least 23,921,950 won exists due to partial repayment of principal during the period.” On March 27, 2019, the court of execution recognized the fact that it made a decision on provisional seizure of real estate (limited to the principal amount of KRW 23,921,950 and interest of KRW 2,580,982) based on the aforementioned reasons stated in the reasons for the application.

However, comprehensively taking account of the following circumstances acknowledged by the statement No. 2-1 of the evidence No. 2 and the purport of the entire pleadings, it is insufficient to recognize the remainder of principal as KRW 23,921,950 on the sole basis of the facts alleged by the Defendant, as the principal was partially repaid as alleged by the Defendant. There is no evidence

① The Plaintiff stated the application form for provisional seizure of the said real estate (Evidence B-1) as “total amount of claims: KRW 33,982,932 (principal KRW 31,401,950, interest KRW 2,580,982)” in the indication column of claims, and stated the purport of provisional seizure for the enforcement and preservation of claims in the column of the purport of the application.

In other words, the reasons for the application for provisional attachment are inconsistent with the indication of the claim and the purport of the application.

On the other hand, the plaintiff's application for provisional seizure of the above real estate.