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1. The defendant's order for payment is based on the order of payment from the Jinwon District Court, Jinwon District Court, Jinwon District Court, 2015Ra184.
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “Nonindicted Company”) ordered the Defendant to build a hot spring building on October 2005, and the Defendant borrowed KRW 220,000,000 from around September 22, 2005 to October 14, 2005, for the execution of the said construction from around September 2, 2005 to around October 14, 2005.
B. Around October 18, 2005, the Defendant borrowed KRW 48,000,000 (hereinafter “instant loan”) from E, and received a certificate of borrowing from the Nonparty Company and the Plaintiff, the representative director of the Nonparty Company at the time, “the Plaintiff and the Nonparty Company jointly and severally repay the instant loan by April 21, 2006.”
C. However, on January 9, 2008, D used the instant loan as the claim claim, and D used the land listed in paragraph (1) of the attached Table No. 1 owned by the non-party company (hereinafter “the instant land”). A building listed in Paragraph (2) of the same table as “the instant building,” and combined it, referred to as “each of the instant real property,” “F”) G and H land (hereinafter “the instant provisional attachment”). D.
D was issued a payment order on June 27, 2008 (hereinafter “instant payment order”) by filing an application with the Defendant and the non-party company for a payment order concerning the instant loan under the Sung-gun District Court Decision 2008Da191, Seogu District Court 2008.
D With regard to the instant land on July 10, 2008 with the claim for the final and conclusive payment order as the claim claim, as to July 30, 2008, each of the Daegu District Court rendered a decision to commence compulsory auction on July 30, 2008, and the above application for compulsory auction was withdrawn on March 23, 2009.
E. Meanwhile, with D on March 23, 2009, the non-party company concluded a contract to establish a right to collateral security with respect to each of the instant real estate with D, 5,000,000 won with respect to each of the instant real estate, D, the mortgagee of the right to collateral security, and the non-party company with D.