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. Around July 2010, the Plaintiff filed a lawsuit against DC (C's spouse) for damages.

On September 5, 2012, the appellate court rendered a judgment that "DC jointly and severally rendered to the Plaintiff KRW 105,102,403 and that "five percent per annum from July 14, 2010 to September 5, 2012; twenty percent per annum from the next day to the day of full payment; and twenty percent per annum from the next day to the day of full payment." (Seoul High Court Decision 2011Na91137, 914); and DC's appeal was dismissed, and the above judgment became final and conclusive.

B. Based on the foregoing final judgment, on March 11, 2013, the Plaintiff transferred a provisional attachment against C’s patent rights (hereinafter “F,” patent number E, and hereinafter “instant patent rights”) in the name of C (Seoul Central District Court Decision 2013TTT7288), and on June 10, 2013, issued an order to sell the instant patent rights in lieu of the collection order.

(Seoul Central District Court 2013TTT 10828). (c)

Meanwhile, the Defendant prepared a notarial deed (No. 140, 2013; hereinafter “instant notarial deed”) stating that “the Defendant loaned KRW 80,000,000 to DC on June 30, 208 as “30% per annum on March 14, 2013, and delay damages” (a notary public, a law firm, No. 140, 2013; hereinafter “instant notarial deed”), and issued two seizure orders on the instant patent right based on the instant notarial deed (in Incheon District Court 2013TTTT 11555, separate interest portion).

The instant patent was sold and the distribution procedure was carried out (Seoul Central District Court B; hereinafter “instant distribution procedure”), and the Defendant made a demand for distribution of KRW 280 million (the leased principal, Incheon District Court 2013TTTTT 11555), and KRW 60,97,64 (interest and enforcement cost, and the Incheon District Court 2013TTT 37874) based on the aforementioned two seizure orders.

E. In the instant dividend procedure, the Seoul Central District Court rendered a judgment on July 18, 2014 regarding KRW 29,782,776 of the amount to be actually distributed out of the sales price of the instant patent on July 18, 2014, ① KRW 7,134,678 (this Court 2013TTT7288), ② the Defendant 15,751.