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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The court of first instance dismissed the plaintiff's main claim and accepted the conjunctive claim, and the defendant only appealed against it, and the court shall decide only on the plaintiff's conjunctive claim.
2. Basic facts
A. The Plaintiff’s claim 1) The Plaintiff’s claim against K is the limited-liability company specialized in the next securitization of Korea’s name (hereinafter “Korea’s name borrowed”).
) A Daegu District Court filed a lawsuit against C, etc. on July 10, 2003 by filing a lawsuit for the claim for the takeover amount with D and E, and sentenced C, “C, jointly and severally with D and E, was 21% per annum from August 16, 1997 to December 31, 1997; 35% per annum from the next day to July 12, 1998; 27% per annum from the next day to November 24, 1998; 25% per annum from the next day to April 14, 1999; and 23% per annum from the next day to the day of complete payment; and C and the above decision became final and conclusive on August 23, 2003.
After that, on June 27, 2013, the Plaintiff filed an order to pay part of the above amount with C, etc. as Seoul Central District Court 2013 tea43898, and applied for payment order on June 27, 2013, “C shall jointly and severally with D, E, and 21% per annum from August 16, 1997 to December 31, 1997; 35% per annum from the next day to July 12, 1998; 27% per annum from the next day to November 24, 1998; 25% per annum from the next day to April 14, 199; and 23% per annum from the next day to the day of complete payment.” The above order to pay was finalized on September 18, 2013.
B. Change in legal relationship on the register of real estate listed in the separate sheet 1) Real estate listed in the separate sheet (hereinafter “instant real estate”).
C was originally owned by C, and C was based on trade reservation on August 21, 1989 with respect to the said real property to F on August 21, 1989.