1. The defendant's appeal and the plaintiff's successor to the lawsuit are dismissed, respectively.

2. The appeal costs are the defendant.

1. Basic facts

A. On September 21, 2001, the Plaintiff loaned KRW 2,000,000 to the Defendant at the maturity of 43% per annum on March 21, 2002.

(hereinafter “instant loan”). (b)

On October 9, 2009, the Plaintiff filed a lawsuit against the Defendant seeking the repayment of the principal and interest of the instant case, thereby making a decision on performance recommendation (hereinafter “decision on performance recommendation of the instant case”) with the purport that on October 23, 2009, the Defendant paid to the Plaintiff the amount calculated at the rate of 20% per annum from the day following the delivery of a copy of the instant complaint to the day of full payment.

On November 4, 2009, this Court sent the instant decision on performance recommendation to the Defendant, and the Defendant received the instant decision on performance recommendation directly on November 9, 2009.

The decision on the instant performance recommendation was made on November 24, 2009.

C. On September 7, 2012, the Plaintiff was declared bankrupt by this Court 2012Hahap98, and the Plaintiff’s attorney was appointed as the Plaintiff’s bankruptcy trustee on the same day.

Plaintiff

On September 4, 2013, the litigant obtained an execution clause by succession with respect to the decision on performance recommendation of this case.

On June 4, 2015, the Defendant filed a subsequent appeal against the instant decision on performance recommendation.

[Ground of recognition] Facts without dispute, significant facts in this court, entries in Gap evidence 1 to 3, and purport of whole pleadings

2. An appeal may be filed against a final judgment rendered by the court of first instance, in a judgment on the legitimacy of an appeal filed by the defendant as to the subsequent completion of the appeal.

(Article 390(1) main text of the Civil Procedure Act). In order to challenge the validity of a final and conclusive decision of performance recommendation on the ground that the Plaintiff’s assertion does not exist, a lawsuit of demurrer should be brought.

(See Article 5-8 (3) of the Trial of Small Claims Act). We examine the case, as seen earlier, that the decision of performance recommendation of this case was finalized on November 24, 2009.

The defendant shall make a decision on the pertinent performance recommendation corresponding to a decision that is not a final judgment.