보증채무금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Facts of recognition
The plaintiff filed a lawsuit against C Housing Redevelopment Association (hereinafter referred to as the "C Union") with the Seoul Central District Court 2008Gahap128421 (principal lawsuit) and 2009Gahap3263 (Counterclaim) (hereinafter referred to as the "related lawsuit"). On November 25, 2009, the above court sentenced that "C Union shall pay to the plaintiff 86,325,474 won and its interest at the rate of 5% per annum from January 1, 2009 to November 25, 2009, and 20% per annum from the next day to the date of full payment."
The plaintiff filed an appeal against the above first instance judgment of the Seoul High Court 2009Na121813 (principal lawsuit), 2009Na121820 (Counterclaim), and the appellate court 2009Na121820 (Counterclaim), and the plaintiff filed an incidental appeal. The appellate court rendered a judgment to the effect that the plaintiff partially accepted the plaintiff's incidental appeal on October 7, 2010 and additionally paid "23,650,000 won and damages for delay."
Based on the executory exemplification of the judgment, the Seoul Central District Court E applied for a compulsory auction on the real estate owned by the Association to Seoul Central District Court E and rendered a decision to commence the auction on March 14, 201.
C. On January 3, 2012, the Seoul Central District Court 201Kao815 decided to the effect that “A cooperative shall suspend compulsory execution based on the original copy of each of the above judgments until the Seoul Central District Court 201Gahap130918, on condition that it deposited KRW 150,000,000 as security for the plaintiff,” and on the same day, deposit the said amount with the Seoul Central District Court No. 118 in 2012 (hereinafter “instant deposit”).
Afterward, the Seoul Central District Court 201Gahap130918 case of objection, "C Union, January 30, 2012, consented to the plaintiff's claim for the withdrawal of the deposit of this case.
The plaintiff withdraws the above application for compulsory auction.
‘' has rendered a decision of compulsory adjustment.
The Plaintiff and C Union, including the drafting of the instant agreement, are as follows on January 31, 2012.