청구이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. "In the Disposition of the court of first instance" in paragraph (1) of the same Article.
Basic Facts
On June 1, 2006, the Defendant Company lent KRW 30,000,00 to D Co., Ltd. (Co., Ltd. B before the alteration; hereinafter “D”) (hereinafter “instant loan”), C, and the Plaintiff jointly and severally guaranteed the said obligation to D’s Defendant Company.
On September 28, 2006, the Defendant Company filed an application with the Plaintiff for a payment order of KRW 47,907,00,00, including the instant loan, and damages for delay thereof. On October 24, 2006, the Defendant Company received an order to pay the Defendant Company with the content that “D, C, and the Plaintiff jointly and severally, shall pay to the Defendant Company an amount of KRW 47,907,00 and the amount equivalent to 20% per annum from the day after the original copy of the payment order was served to the day of full payment ( Daejeon District Court Decision 2006 tea1730, hereinafter “the first payment order”). The above payment order was finalized on November 12, 2006 for the Plaintiff, D, and C respectively. < Amended by Act No. 7921, Nov. 14, 2006>
On October 7, 2016, the Defendant Company applied for a seizure and collection order against the Plaintiff’s deposit claim based on the instant first payment order. On October 13, 2016, the Defendant Company received a seizure and collection order from the court.
(Seoul Western District Court 2016T. 2016T. 9895) The Defendant Company received an order to pay the same amount as the instant first payment order against the Plaintiff on November 9, 2016. On November 11, 2016, “C and the Plaintiff jointly and severally, to the Defendant Company 47,907,000 won and its corresponding amount C shall be paid at the rate of 20% per annum from October 31, 2006 to the day of full payment from October 29, 2006, and the Plaintiff shall be paid at the rate of 20% per annum from October 29, 2006 to the day of full payment (Seoul District Court Branch Branch of Daejeon District Court 2016 tea638, hereinafter “instant second payment order”); the portion on C is finalized on January 5, 2017; and the part on C shall be withdrawn from the Plaintiff’s lawsuit against the Plaintiff on February 31, 2017.