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. Facts of recognition;

A. On July 26, 2005, the Plaintiff filed a lawsuit against the Defendant for a loan claim with the Seoul Central District Court No. 2005 Ghana159797.

On November 23, 2005, the above court rendered a judgment that the defendant shall pay to the plaintiff 4,220,000 won with 20% interest per annum from July 1, 1998 to the date of full payment. The judgment became final and conclusive on December 20, 2005.

(2) On November 18, 2015, the Plaintiff filed the instant lawsuit seeking a judgment with the same content as the final and conclusive judgment.

B. On the other hand, on August 5, 1997, the Plaintiff lent KRW 2,500,000 to C with the Defendant's introduction, and C did not pay the above amount, and on April 14, 2003, the Plaintiff filed a lawsuit for restitution of unjust enrichment with the Defendant as the principal debtor, and with the Defendant as the principal debtor, the Plaintiff filed a lawsuit for restitution of unjust enrichment with 2003 Ghana 14970 with the Defendant as the principal debtor, and thereafter the lawsuit was withdrawn against the Defendant.

On July 8, 2003, the above court rendered a judgment that the plaintiff shall pay to the plaintiff 2,500,000 won with 25% interest per annum from August 5, 1997 to the date of full payment. The judgment became final and conclusive on August 24, 2003.

(hereinafter referred to as the “final judgment against C”).

On the basis of the executory exemplification of a final and conclusive judgment rendered against C, the Plaintiff filed a request for auction of movable property owned by C in accordance with Article 2010 (No. 2213) with the Jung-gu District Court Goyang Branch 2010 (No. 2010). On June 23, 2011, the Plaintiff deposited KRW 7,000,000 from D to the Plaintiff’s bank account, and withdrawn the said request

On the same day, the Plaintiff prepared and sent to C a written statement stating “the certificate of full payment” (hereinafter “the certificate of this case”). The certificate of this case contains C’s name in the name column, followed C’s name, and the Defendant’s name in the overall name. Under which “the above persons” reached mutual agreement on the Plaintiff’s high support 2003 Ghana 14970 case.