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1. Revocation of a judgment of the first instance;
2. As to each real estate listed in the separate sheet to the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 25, 2016, the Defendant filed a lawsuit with the Busan District Court ordering D (hereinafter referred to as “D”) whose representative director is the Plaintiff to pay the amount of investment, and received a favorable judgment of the Busan District Court (Seoul District Court Decision 2016Da15175, Apr. 15, 2016, with respect to the amount of KRW 35,763,008 from D, and KRW 27,80,000 from D, the annual rate of KRW 5% from October 31, 2014 to April 5, 2016, and the amount of KRW 15% from the next day to the date of full payment, with respect to KRW 7,963,00,000, calculated with 15% per annum from April 15, 2016 to the date of full payment).
(hereinafter referred to as the “instant judgment claim”) a claim acquired by the Defendant according to the above judgment.
On July 1, 2016, the defendant filed a lawsuit against the plaintiff with Busan District Court to pay money equivalent to the amount of money invested as compensation for damage caused by a tort.
(Resan District Court 2016Kadan327262). (c)
On July 7, 2016, the Defendant filed an application for compulsory auction with respect to the area of 1,845 square meters in North-gu, Chungcheongnam-gu and H forest and 638 square meters in a port owned by D with the claim for the instant judgment amount as the claim for the instant judgment amount.
(T) Daegu District Court Port Support E).
On August 1, 2016, the Plaintiff and the Defendant: (a) drafted a written contract establishing a collateral security with the purport that the mortgagee, the debtor, the Plaintiff, and the maximum debt amount shall be KRW 60,000,000 (hereinafter referred to as “written contract establishing the collateral security”); (b) on August 3, 2016, the Defendant filed an application for joint collateral security of KRW 60,000,000 with respect to each of the instant real estate owned by the Plaintiff and KRW 638,00,00 with respect to each of the instant real estate, the amount of the maximum debt amount shall be KRW 60,000,00 with respect to each of the instant real estate, the Defendant, the Plaintiff, and the Plaintiff as the Plaintiff, and the maximum debt amount shall be KRW 60,00,000,000.