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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
1. Facts of recognition;
A. On December 1, 2011, the New Savings Bank Co., Ltd. (hereinafter “New Savings Bank”) set 90,000,000 won to Defendant A Co., Ltd. (hereinafter “Defendant A”) on September 2, 2012 due date, 12.9% per annum, 12.9% per annum, and 25% per annum of delayed interest rate (hereinafter “instant loan”). Defendant B and C set the ceiling amount on collateral guarantee for the obligations owed by Defendant A to the New Savings Bank as KRW 1,287,00,000, respectively.
B. Defendant A delayed the performance of the obligations under the instant lending and lost the benefit of time on September 2, 2012.
C. On October 29, 2013, the New Savings Bank was declared bankrupt by Seoul Central District Court 2013Hahap161, and the Plaintiff was appointed as a trustee in bankruptcy of the said Bank.
On June 24, 2015, the Plaintiff received dividends of KRW 522,246,929 from the real estate auction case (U.S. District Court D) on the real estate owned by Defendant B (hereinafter referred to as “instant dividends”). Based on the date of the said dividends, the principal and interest of the instant loans owed by Defendant A to the Plaintiff was KRW 1,69,883,416 in total and interest KRW 700,278,545 in total and KRW 1,690,161,961 in total.
E. Meanwhile, with respect to the instant lending, the Plaintiff spent the following expenses, etc.
(2) On December 14, 2012, the Seoul Central District Court 2014Kadan80048, Feb. 27, 2014, paid KRW 13,614,698 (hereinafter “instant litigation costs, etc.”). On May 16, 2014, the expenditure amount as of the date of disbursement is as follows: (a) the expenses for filing an application for provisional seizure against claims by Suwon District Court 2012Da10412, Dec. 14, 2012; (b) the expenses for filing an application for provisional seizure against claims by Suwon District Court 2014Kadan80048, Feb. 27, 2014; (c) the expenses for filing an application for provisional seizure against D real estate by Suwon District Court 6,317,708,98, Sept. 11, 2014; and (d) the expenses for filing an application for provisional seizure against real estate by the Seoul Central District Court 2014467.7.