손해배상(기)
1. As to Defendant C and D’s KRW 93,443,941 and KRW 25,00,000 among the Plaintiff, Defendant C and D’s remaining 68.
The plaintiff filed a lawsuit against the defendant B seeking the return of the loan with the Seoul Central District Court 2007Gahap30443. On January 30, 2008, the court rendered a judgment that "the defendant B shall pay the plaintiff 250 million won with 30% per annum from June 25, 2005 to the date of complete payment, and the remaining 150 million won with 20% per annum from April 30, 2007 to the date of full payment."
Defendant B appealed by Seoul High Court No. 2008Na37119, but was dismissed on November 28, 2008, and the above judgment became final and conclusive on December 20, 2008.
(2) In light of the above legal principles, the Plaintiff issued a collection order on March 26, 2009 (hereinafter “instant collection order”) with the title of execution against Defendant E Co., Ltd. (hereinafter “E”), and upon receipt of an application for the seizure and collection order on the above claim, the Plaintiff received the seizure and collection order on March 26, 2009 (hereinafter “instant collection order”). The instant collection order was served on March 30, 2009.
Defendant B is the actual manager of Defendant B, and Defendant D is the wife of Defendant B, and Defendant C is the representative director of E from March 25, 2009 to March 25, 2009.
The Plaintiff, based on the instant collection order, filed a lawsuit against E with Seoul East Eastern District Court 2013Kadan112921, and on September 11, 2013, the Plaintiff rendered a judgment that “E shall pay to the Plaintiff the amount of KRW 25 million and the amount calculated by adding 20% per annum to the date of full payment from July 16, 2013 to the date of full payment.”
On July 20, 2014, the appeal court extended the purport of the claim in the appellate court. On July 20, 2014, the appellate court dismissed the appeal in the appellate court, and on July 20, 2014, the appellate court dismissed the appeal in the appellate court as to KRW 25 million from July 16, 2013 to KRW 68,443,931 (the extension of the purport of the claim in the appellate court).