손해배상(기)
1. Defendant C’s KRW 590,000,000 as well as 5% per annum from August 28, 2019 to September 11, 2019 to the Plaintiff.
1. On November 4, 2010, the Plaintiff filed a lawsuit against D (Seoul Central District Court 2009Gahap134522), and sentenced that “D shall pay to the Plaintiff 5,00,000 won per annum from December 11, 2009 to November 4, 2010, 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment,” and the above winning portion was finalized as the dismissal of appeal on August 14, 2012 and the dismissal of appeal on June 23, 2015.
② On September 25, 2012, D entered into a joint and several guarantee agreement between Defendant B and Defendant C (hereinafter “instant joint and several guarantee agreement”) with the maximum amount of the guaranteed debt amounting to KRW 1.8 billion with respect to loans of KRW 1.8 billion loaned to Defendant C of the principal debtor. When Defendant C and joint and several sureties fail to perform their obligations, a notary public, including the declaration of intention to recognize compulsory execution without objection, was set up a notarial deed in the monetary loan agreement of KRW 536, 2012, E, No. 536, 2012.
③ On September 3, 2009, D received a provisional attachment order on the claim for the purchase price against the Plaintiff, F, and the garnishee of G Co., Ltd. (hereinafter “H”) against H (hereinafter “H”). On January 25, 2010, H deposited the deposited person as G, Plaintiff, F, D, and deposited the deposited amount with KRW 2 billion (hereinafter “instant deposit”).
④ On July 23, 2015, Defendant B received an assignment order (hereinafter “Defendant’s attachment and assignment order”) from the Seoul Central District Court Decision 2015TTTY 2015TY 17555 regarding the amount up to the time of the claim amount in the instant claim amount, which the debtor had against the Republic of Korea, in order to preserve the claim amount of the instant joint and several liability amount based on the said notarial deed. The Defendant’s attachment and assignment order was served to the Republic of Korea on July 28, 2015, and became final and conclusive on August 27, 2015.