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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 83,452,840 for the Plaintiff and its related expenses from May 8, 2015 to August 22, 2017.
Reasons
1. Basic facts
A. On February 26, 2014, C Co., Ltd. (hereinafter “C”) filed a lawsuit claiming the payment of rent against the Defendant (Seoul East Eastern District Court 2014Gahap101253, hereinafter the lower Seoul High Court 2016Na2010122, hereinafter “instant prior case”), and the said court rendered a judgment on January 14, 2016 that “the Defendant shall pay C 1,284,890,284 won and 1,122,00,000 won among them, with 12% per annum from March 8, 2014 to January 14, 2016, and with 15% per annum from the next day to the day of complete payment.”
B. Around March 2015, the Plaintiff filed a lawsuit against C seeking the return of the lease deposit (Seoul Eastern District Court 2015j.5810). The above court ordered payment of the principal amount of KRW 81,620,00, interest of KRW 1,771,040, total of KRW 61,80, total of KRW 83,452,840, and the above payment order was finalized around that time.
C. On May 4, 2015, the Plaintiff received a collection order (Seoul East Eastern District Court 2015TTTT 6427; hereinafter “instant collection order”), and the claim amounting to KRW 83,452,840 following the above payment order, and the debtor C, a third debtor, a debtor, and a debtor, a debtor, had a rent claim against the defendant by January 31, 2014 (hereinafter “instant rent claim”) and the instant collection order was served on the defendant on or around May 7, 2015.
After that, the defendant filed an appeal (Seoul High Court 2016Na20101222) against the judgment stated in the above paragraph (1). The court of the above appellate court confirmed that, for the total sum of eight creditors, such as the plaintiff, D, etc. attached to the plaintiff and D, eight of whom are creditors of the court of appeal, there is no party to the appeal, and for the remainder of the claim except for the part attached to the judgment of the court of appeal, the defendant is 12% per annum from September 22, 2016 to the final decision of recommending reconciliation, and for the remainder of the claim (excluding the part attached to the judgment of the court of appeal).