대여금
1. The Defendants jointly and severally against the Plaintiff KRW 93,193,107 and KRW 51,551,873 among them
1. From April to May 31, 2019
1. Facts of recognition;
A. On December 20, 2004, the Plaintiff lent KRW 90,000,00 to Defendant C with the due date set on August 30, 2006. In this case, the mother of Defendant C and the mother of Defendant C guaranteed the above obligation.
B. On June 20, 2007, the Plaintiff filed an order with the Defendants to pay the loan repayment amounting to Seoul Eastern District Court 2007Gaj5991, and on June 20, 2007, the Plaintiff received an order to pay the Plaintiff jointly and severally, the amount of KRW 90,000,000 and the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of full payment. The above payment order was finalized on August 2, 2007
(hereinafter “instant payment order”). C.
On April 1, 2009, the Plaintiff received a seizure and collection order as to the loan claims against Defendant B’s third obligor E on April 1, 2009 (Seoul Eastern District Court 2009 Other Bond 4181), and on May 16, 2017, upon Defendant C’s third obligor’s deposit claims against the Republic of Korea, etc., the Plaintiff received a seizure and collection order.
(Seoul Northern District Court 2017Tari2956). D.
On October 23, 2009, the Plaintiff filed a lawsuit claiming the guaranteed debt (Seoul Western District Court 2008Kadan10268) against D, and rendered a judgment that “the Defendant shall pay to the Plaintiff 62,291,191 won and interest thereon at the rate of 20% per annum from August 31, 2009 to the date of full payment,” and the above judgment was finalized on December 8, 2009.
E. The Plaintiff received dividends of KRW 708,809 on December 5, 2008 by filing an application for a compulsory auction on real estate owned by the Defendant B.
(F) The plaintiff applies for a compulsory auction for real estate owned D and 2013
1.3.10,739,318 won was received (Seoul Western District Court G) and the unpaid principal was appropriated for the repayment of KRW 62,291,191.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. According to the above facts of recognition, the Defendants jointly and severally paid KRW 93,193,107 to the Plaintiff.