배당이의
1. The judgment of the court of first instance is modified as follows.
Busan District Court's Dong Branch C, D (Dual) compulsory auction for real estate.
Basic Facts
Co., Ltd. E (hereinafter “E”) is a company established on September 24, 1996 for the manufacture and sale of information and communications equipment, and F was registered as E’s representative director from July 23, 199 to E’s representative director, and G from March 30, 201 to E’s representative director.
The plaintiff filed a lawsuit against F and G with the Seoul Central District Court 2004Gahap82398, and the above court rendered a judgment on September 7, 2005 that "F and G jointly pay to the plaintiff 1,630,160,000 won, and 5% per annum from January 1, 2004 to August 13, 2004, and 20% per annum from the next day to the day of full payment." The above judgment was finalized on October 6, 2005.
On the other hand, on September 16, 200, the Defendant lent 600,000,000 won interest rate of 10% per annum, 15% per annum, 15% per annum, due date for payment on September 15, 2001 (hereinafter “instant first loan”), and G guaranteed F’s debt of the instant first loan.
② On December 20, 2001, the Defendant lent 800,000,000 won to F at interest rate of 6% per annum.
(3) On March 29, 2002, the Defendant leased KRW 500,000 to G with interest rate of 10% per annum, 15% per annum, 15% per annum, due date for repayment on March 28, 2003 (hereinafter “instant third loan”); and the Defendant jointly and severally guaranteed the obligation for the third loan of G in case of the instant third loan.
On April 8, 2016, the Defendant filed an application with G for a payment order claiming the return of the borrowed amount with the Seoul Central District Court Decision 2016 tea16420, and the above court rendered April 22, 2016: (a) with respect to KRW 1,100,000,000 and KRW 600,000 among them, 10% per annum from September 16, 2000 to September 15, 2001; (b) with respect to KRW 15% per annum from the next day to the date of full payment; and (c) with respect to KRW 50,00,000 from March 29, 2002 to March 28, 2003 to the date of full payment; and (d) with respect to KRW 10% per annum from the next day to the date of full payment, to 15% per annum per annum.