전부금
1. The Defendants jointly share KRW 319,286,317 with respect to the Plaintiff and the period from January 9, 2019 to March 27, 2019.
1. Facts of recognition;
A. The Plaintiff applied for a payment order against D Co., Ltd. (hereinafter “D”) (hereinafter “D”), E, and F for a loan claim under the Sungnam Branch Branch of Suwon District Court 2018 tea858.
On May 24, 2018, the above court ordered the Plaintiff to pay the amount of KRW 260,00,000 jointly and severally with D and E, and the amount of KRW 15% per annum from the day after the original copy of the payment order was served to the day of complete payment. D, E, and F jointly and severally pay the amount of KRW 80,00,000 and the amount of KRW 24% per annum from January 30 to the day of complete payment.”
B. D filed a lawsuit claiming damages against the Defendants (Seoul District Court 2016Gahap71269), but lost in the first instance court, and filed an appeal (Seoul High Court 2018Na2010867).
On December 21, 2018, the appellate court rendered a judgment with a declaration of provisional execution (hereinafter “the judgment of the appellate court of this case”) that “the Defendant jointly pays the Plaintiff 1,182,51,370 won and interest calculated at the rate of 5% per annum from July 11, 2018 to December 21, 2018, and 15% per annum from the next day to the date of full payment” (hereinafter “the judgment of the appellate court of this case”).
(C) Claim based on the judgment of the appellate court of this case (hereinafter “claim of this case”).
The Plaintiff filed an application for the attachment and assignment order with the debtor D and the third debtor as the Defendants with the Suwon District Court 2018TTT123869. On January 2, 2019, the said court attached KRW 399,286,317 out of the judgment bond of this case and rendered a decision to complete the attachment and assignment order to the Plaintiff (hereinafter “instant attachment and assignment order”). The said decision was served on the Defendants on January 8, 2019, and on January 15, 2019, respectively, to D and became final and conclusive on January 23, 2019.
D In claiming damages against the Defendants, Suwon District Court 2016Kadan200343 decided on the provisional seizure of real estate, and the Defendants on February 29, 2016.