1. The Defendant’s KRW 3,903,130 as well as 5% per annum from June 21, 2010 to December 24, 2013 to the Plaintiff.

1. Basic facts

A. The defendant received the payment order (the Jeonju District Court Decision 2009Da285) from the plaintiff that "the plaintiff shall pay the defendant 19,262,370 won and 18,029,166 won with 15% interest per annum from April 21, 2009 to the day of full payment."

B. On July 2, 2009, the Defendant filed an application for compulsory auction (the Jeonju District Court E; hereinafter the same shall apply) with respect to the compulsory auction (the first auction) with respect to the size of 631 square meters in B, Kim Jong-si, Kim Jong-si, the Plaintiff owned, the above ground stable buildings, the C preceding 916 square meters in size, and D large 364 square meters in size, on October 15, 2009, the Defendant filed an application for compulsory auction (the Jeonju District Court I; hereinafter the same shall apply) with respect to the FJ 281 square meters in Kim Jong-si, the G preceding 162 square meters in size, and H road 79 square meters in size (hereinafter each real estate of this case). Accordingly, each of the above auction procedures commenced.

C. In the distribution procedure of the first auction, the Defendant collected the full amount of the claim against the Plaintiff by receiving the dividends from each of the KRW 10,832,641 on February 18, 2010 and KRW 10,832,641 on April 22, 2010.

However, the second auction was conducted on May 17, 2010, and the J reported the purchase on the date of sale conducted on May 17, 2010, and received the decision of permission for sale, and paid in full KRW 3,601,000 on June 17, 2010.

In addition, on July 23, 2010, KRW 2,523,971, which was calculated by subtracting the execution cost from the above sale price on the date of distribution of the second auction, was fully distributed to the defendant.

E. Meanwhile, the appraised value of each of the instant real property on November 10, 2009 is KRW 5,575,900 ( KRW 1,522,800).

[Evidence] Evidence Nos. 1 through 6 (including paper numbers), Nos. 1 to 7, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition of the basis of liability, since the defendant was prior to the purchase of the second auction on April 22, 2010, to which the total amount of the claim against the plaintiff was distributed to the plaintiff, the defendant may freely withdraw the second auction application. The defendant received the total amount of the claim against the plaintiff in the first auction, and therefore, the defendant withdrawn the second auction application.