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1. On January 6, 2015, the Defendant and Nonparty C (resident registration number: D) concluded on the real estate indicated in the separate sheet.
Reasons
1. Facts of recognition;
A. At the request of Nonparty E on December 2012, the Plaintiff jointly and severally guaranteed that E borrowed money from the leased enterprises as follows.
On December 31, 2012, 2012, December 31, 2012, 2012, 10,000,000, Defendant E, a joint guarantor of the loan principal of the lending company, a loan of 15,000 Lone Star Co., Ltd., a loan of 15,000,000,000 Lone Star Co., Ltd., a loan of 15,000,000,000 on December 31, 2012, 31, 2000 a credit rating bank loan of 15,000,000,000,000 on December 31, 2012.
E obtained a loan of a total of KRW 57 million (hereinafter “instant loan”) as above, and used it in the payment of the sale balance for the real estate listed in the separate sheet (hereinafter “instant apartment”) that sold in the name of Nonparty C, the legal spouse of E, in the name of Nonparty C.
C. E has paid interest on the instant loans to each lending company, and around December 2014, the payment of some interest on the instant loans was delayed.
Accordingly, the Plaintiff had concerns over the delinquency of the interest on the instant loan by E, and paid 54,602,871 won in total to each of the above lending enterprises on December 8, 2014.
E. On December 19, 2014, the Plaintiff filed a lawsuit against E and C with the District Court (2014da50982). On June 2, 2015, the said court rendered a judgment that “E and C jointly and severally pay to the Plaintiff the amount calculated at the rate of 56,118,892 won and 20% per annum from January 8, 2015 to the date of full payment.”
Although C appealed, the above court (2015Na7528) sentenced the dismissal of appeal on February 16, 2016.
C The appeal was dismissed by the petition of appeal, and the judgment on March 9, 2016 became final and conclusive.
(B) As to the instant apartment, C, on March 4, 2013, registered as a collateral (debtor C, a National Bank of Korea Co., Ltd.) of the maximum debt amount of KRW 318,480,00,00 with respect to the instant apartment, and on October 6, 2014.