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(영문) 서울남부지방법원 2017.10.13 2017가합106504
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 242,266,019 and the interest rate of KRW 15% per annum from June 13, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant, around January 2014, constitutes a guarantee agreement and the occurrence of loan obligations. The Defendant is further Schlagecom Co., Ltd. (hereinafter “qcom”).

(2) On October 22, 2014, the Plaintiff and C agreed to pay KRW 200 million of the invested principal and sales profit by April 10, 2014, and the Plaintiff and C jointly and severally guaranteed the said debt. (2) The Plaintiff and the Defendant filed a lawsuit of loan claim (Seoul Central District Court 2014Gahap35377) against the Plaintiff, the Defendant, and C, with the judgment that “the Plaintiff, the Defendant, and the C jointly and severally pay KRW 200 million and interest thereon to Schlage and 5% per annum from April 111, 2014 to October 22, 2014, and 20% per annum from the following day to the date of full payment.”

3) The Plaintiff’s appeal (this Court 2014Na54849) and the final appeal (Supreme Court 2015Da42506) against the above judgment were all dismissed, and the above judgment was finalized on October 20, 2015 (hereinafter “the final judgment of this case”).

B. B. 1) The procedure for compulsory auction was completed 1) Ad, Seoul Central District Court D, with the executory title, filed an application for a compulsory auction as to the Geumcheon-gu Seoul Metropolitan apartment 1209 (hereinafter “instant apartment”) owned by the Plaintiff. On November 12, 2014, the procedure for compulsory auction (hereinafter “instant procedure for compulsory auction”) was commenced against the instant apartment upon receipt of the said court’s decision to commence the compulsory auction (hereinafter “instant procedure”).

2) On September 9, 2015, the date of distribution, the execution court: (a) on the first order with respect to the amount of KRW 249,001,748, which is the actual amount to be distributed after deducting the execution cost from the sale price of the apartment of this case; and (b) on the second order, the court of execution shall distribute to the National Bank of Korea, the amount of KRW 6,735,729, and KRW 144,980,349, and the amount of KRW 97,285,670, each of the distribution schedule (hereinafter referred to as the “distribution schedule of this case”).

C. The progress of the instant case of demurrer against distribution 1) Schlagecom.

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