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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Basic facts
A. The preparation of the loan certificate of this case and the payment order of this case was changed from the loan certificate of November 5, 2009 (the loan amount of KRW 390 million and the debtor D Co., Ltd. (the trade name of December 14, 2009 was changed from D to C.
hereinafter referred to as “C” except where the person in whose name the preparation is particularly problematic.
(2) On January 31, 2011, the Seoul Central District Court applied for a payment order (hereinafter “instant loan order”) based on E, F, G, and the joint and several sureties (hereinafter “instant loan certificate”). On January 31, 201, the said court issued a payment order (hereinafter “instant payment order”) to the effect that “C, E, F, and G jointly and severally pay to the Defendant KRW 390 million and an amount equivalent to 30% per annum from November 6, 2009 to the date of full payment” (hereinafter “instant payment order”). The said payment order was finalized on February 24, 2011.
B. (1) On September 1, 201, the Defendant: (a) issued a claim claim amounting to KRW 540 million out of the claim amounting to KRW 212,523,287 per annum from November 6, 2009 to August 30, 201 (the sum of KRW 602,523,287 in interest of KRW 300,000,000,000,000) on the instant payment order (hereinafter “instant building”); and (b) the Defendant received a claim amounting to KRW 54,560,000,000,000,000,000 from 30,000 to 30% per annum from November 6, 2009 to 30,011; and (c) the Seoul Central District Court received a claim amounting to KRW 54,50,000,000 on the 7th,000,01.
(2) The Defendant paid KRW 128,690,910 after deducting the unpaid rent from the lease deposit.
C. The Plaintiff’s claim against C and the Plaintiff, around 2010, lent a total of KRW 1.62 billion to F, who is the actual operator of C and the above company, filed a lawsuit claiming the return of the above loan under Seoul Central District Court 2012Gahap46809, and the said court and F.C.