채권자대위 등
1. The Plaintiff:
A. Defendant B:314,367,145 won;
B. Defendant C: 231,522,058;
C. Defendant D shall be 202,304,187 and each of them.
1. Basic facts
A. The Plaintiff loaned to E the amount of KRW 100,00,000 on September 20, 2006, KRW 50,000 on September 29, 2006, KRW 50,000 on September 29, 2006, and KRW 50,000 on October 20, 2006, each interest month, and KRW 50,000 on March 20, 207. The Plaintiff determined the due date for payment as KRW 50,00 on March 20, 200, KRW 20,000 on January 3, 200, KRW 40,000 on January 29, 200, KRW 40,000 on April 30, 207, and each interest rate was set at 50,000 on April 30, 200, respectively.
(hereinafter “instant loan 1”). From October 20, 206 to June 15, 2012, E repaid the Plaintiff KRW 124,250,000 out of the instant loan 1.
B. On December 27, 2013, the Plaintiff filed a lawsuit against E seeking reimbursement of the instant loan No. 1. As of the date of the final repayment as of the date of satisfaction of performance, the court recognized that the principal amount of the instant loan No. 1 was KRW 370,00,000,000, interest amount of KRW 309,959,548 (= KRW 370,000,000, KRW 309,959,548) among the loans No. 1 as of the date of satisfaction of performance, and determined that E would have paid interest of KRW 200,000,000,000 as of the principal amount from June 16, 2012 to the date of full payment, the court rendered a judgment of 30% of the interest rate of KRW 170,000,000 as of June 16, 201 to the date of full payment, or 20% of the annual interest rate of 8.
(Seoul District Court Decision 2013Gahap205217 decided August 8, 2014). E appealed and appealed, but the appeal was dismissed (Seoul High Court Decision 2014Na203118 decided March 6, 2015), and the above judgment became final and conclusive as it was because both parties did not file an appeal.
C. The Defendants agreed to: (a) on January 2, 2003, F Co., Ltd. (hereinafter “F”); (b) KRW 25,000,000 on March 3, 2003; and (c) KRW 500,000,000 on September 29, 2003; (b) KRW 100,000 on February 16, 2004; (c) KRW 27,000,000 on April 1, 2004; (d) KRW 60,00,000,000 on May 3, 2004; and (e) KRW 1,021,260,000 on June 7, 2004; and (e) KRW 1,6360,600 on June 1, 206; and
(c).