청구이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
The purport of the claim and the purport of the appeal.
1. Basic facts
A. On September 24, 2005, the term “the Plaintiff, C, and D” provided a loan of KRW 3.9 million to the Defendant on October 1, 2005, jointly and severally with the Defendant. If the Plaintiff, C, and D fail to pay on the above date, the amount of delayed damages shall be 66% per annum.
“The Process Deed” (hereinafter referred to as “Fair Deed”) has been drawn up.
2) C transferred to the Defendant KRW 3.9 million out of the lease deposit claims for the part of the “I” beauty room among the lease claims of the Suwon-gu G and H Yang-ground buildings of the F. The above transfer notification reached F on August 22, 2005.
3) After the termination of the lease agreement with C, F deposited KRW 16750,000 as 4749,000,000,000,000,000,00 won of Suwon F method, in June 28, 2006.
On August 16, 2012, the defendant filed a lawsuit to confirm the person who has the right to withdraw the deposit amount of KRW 15929,000,000 won in Suwon District Court 2012Ga, and confirmed on August 16, 2012 that "F made a claim for payment of KRW 3.9 million out of KRW 16.75,000,000 deposited by Suwon District Court 4749 on June 28, 2006."
“On September 6, 2012, upon winning the entire Defendant’s winning judgment, the final and conclusive judgment was rendered on September 6, 2012, and the distribution procedure held on October 29, 2012 (hereinafter “instant distribution procedure”) received the total amount of KRW 3.9 million in the order of priority in the position of a transferee as the first in the position of a transferee.
B. On September 16, 2015, the Defendant applied for a payment order against the Plaintiff, C, and D to Sungnam branch of Suwon District Court for a payment order: “Around 2005, the Defendant lent money to the Plaintiff, C, and D, and sought a payment order for the extension of the prescription period;” on September 22, 2015, the said court ordered the Plaintiff, C, and D to pay the payment order “from October 2, 2005 to October 28, 2012, “The Plaintiff, C, and D jointly and severally pay to the Defendant interest at the rate of 25% per annum from October 2, 2005 to October 28, 2012” (hereinafter “instant payment order”) and C, D, as of October 27, 2015, respectively.