약정금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. A written agreement on recognized investment;
1. The loan treatment shall be conducted with D as the borrower, and as the joint security of heading 101, 1103, 1104, 102, 2101, 2103, and 301, 101, 2103, and 101, 301, 301, 301, 101, 301, 301, 301, 301, 2000, 2000, 2000
2. Loans are used for loans for the successful bid balance and for the normalization of auction goods, and shall be KRW 175,000,000,000, and shall contribute to Plaintiff 65,000,000, C60,000, and Defendant 50,000,000, respectively.
3. The name of the creditor shall be the defendant and the certificate of right to collateral security shall be kept by C.
4. Monthly interest received from a borrower shall be distributed equally in proportion to the amount invested;
5. All rights and obligations arising in connection with this loan shall be apportioned in proportion to the amount of investment.
With respect to the lending of money to D on October 19, 2009, the Plaintiff, Defendant, and C entered into an investment agreement with the following contents (hereinafter “instant investment agreement”).
B. Under the instant investment agreement, the Defendant lent KRW 145,00,000 to D on October 19, 2009, and H and I jointly guaranteed the above loan debt on the same day.
C. After that, the Defendant filed a lawsuit against D, H, and I (hereinafter “D, etc.”) seeking payment of the principal and interest on the loan (Seoul Northern District Court 2014Gahap3942). On July 23, 2015, the said court rendered a judgment that “D, etc. jointly and severally, shall jointly and severally pay to the Defendant 266,693,303 won and 13,623,849 won per annum from March 19, 2015 to the date of full payment,” and the said judgment became final and conclusive as it is, by dismissing all appeals and appeals including D, etc. (Seoul High Court 2015Na24593, Seoul High Court 2016Da29852).
(hereinafter referred to as “the instant case of claiming a loan”). D.
The defendant applied for a compulsory auction for real estate owned by I according to the above final judgment, and applied for a compulsory auction on August 1, 2017, and the total amount of KRW 48,343,346 on November 16, 2017, and KRW 16,583,36 on November 28, 2017.