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1. The Defendant’s KRW 207,945,205 to the Plaintiffs and 5% per annum from November 13, 2013 to September 23, 2016, respectively.
Reasons
1. Basic facts
A. On October 27, 2011, the Defendant filed a lawsuit against the Plaintiffs and C claiming for the amount of KRW 150 million not repaid among the above loans and the delay damages therefor, claiming that “The Defendant lent KRW 200 million to the Plaintiff B on December 10, 2010, and the Plaintiff jointly and severally guaranteed the obligation to return the loan.” On September 4, 2013, the said court rendered a judgment against the Plaintiffs and C, jointly and severally, to the Defendant at the rate of KRW 150 million and KRW 20% per annum from November 11, 2011 to the date of full payment.”
B. Meanwhile, while filing a lawsuit for the above loan claim, the Defendant filed an application for provisional seizure of claim amounting to KRW 200 million with this Court 200 million, with the Plaintiffs, the debtor, C, and the third debtor as the National Health Insurance Corporation. On November 9, 2011, the Defendant received the decision for provisional seizure of claim. The Plaintiffs and C deposited the claim amounting to KRW 200 million with this Court 201Hun-Ba2687.
C. On October 29, 2013, the Defendant obtained a provisional attachment and a collection order (as to KRW 200,000,000,000,000) for the claim amount under 207,945,205 won (the principal of KRW 150,000,00) of this Court as the provisional execution of the judgment of the first instance court of this case, and for the obligor, C and C as the Republic of Korea, the obligor, and the obligor for the claim for the collection of the amount of the deposit at sea against the Plaintiffs and C as the Republic of Korea, and for the claim for the collection of the amount of the interest, and for the other claim seizure and collection order (as to KRW 20,00,00,000,000,000,000) as the provisional execution of the judgment of the first instance court of this case.
On November 13, 2013, the defendant sent KRW 207,945,205 out of the above deposit according to the collection order and seizure of the above claim.
E. The Plaintiffs and C appealed as Seoul High Court Decision 2013Na64191 regarding the instant judgment, and the appellate court rendered an appeal on July 3, 2014, which issued to the Plaintiff B by the Defendant.