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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On October 19, 2012, D, the representative member of D, which is the Plaintiff’s ASEAN Limited Partnership C (hereinafter “C”), concluded a transfer agreement with D, on condition that E receive KRW 300,000,000,000 from E, by January 1, 2013, on condition that the vehicle registration number was changed to G; hereinafter “instant vehicle”) and all of the corporations, including the 20 bus and office offices, depots, and news articles owned by C, including the vehicle registration number was changed to G on June 22, 2015, but the debt incurred in connection with C’s business was already transferred to D (hereinafter “instant transfer agreement”).
B. On December 12, 2012, upon D’s request, the Plaintiff borrowed KRW 48,00,000 (hereinafter “instant loan”) from Hyundai Myer Social Co., Ltd. (hereinafter “Moyer Social”) for a loan period of 15.90%, with the loan interest rate of 15.90%. On the same day, D provided the Plaintiff’s above loan as joint and several surety and offered the instant automobile owned by C as security, and at the same time, D established a mortgage on the said automobile as the obligor, the bond amount of KRW 21,00,000.
C. On December 24, 2012, E established the Defendant Company, and completed the ownership transfer registration of the instant automobile under the name of the Defendant Company on January 16, 2013.
Hyundai Capital Capital Co., Ltd. (hereinafter “Modern Capital”) received the instant loan claim from Hyundai Myman’s society and met the requirements for setting up against the assignment of claims. On June 23, 2015, the payment order was issued to the Plaintiff and D with the Incheon District Court by requesting payment order from the said court on June 23, 2015, stating that “The Plaintiff and D shall jointly and severally pay damages for delay calculated at the rate of 27.90% per annum from May 26, 2015 to the day of full payment.” The above payment order was finalized on November 11, 2015.
E. On November 17, 2015, according to the application for a motor vehicle auction by Hyundai Capital, the instant case is a High Government District Court Goyang Branch H.