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1. Nonparty C:
A. Defendant A shall be the Gwangju District Court with respect to the real estate listed in Annex A(1).
Reasons
1. Basic facts
A. (1) On May 6, 1994, Non-party D paid interest rate of KRW 274,00,000 per annum from Non-party Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) and interest rate of KRW 17% per annum, and the due date of repayment is the loan received on May 6, 1998, and where the interest is lost due to overdue interest, etc. or the loan is unable to be repaid at the due date, compensation for delay is paid at the rate of 22% per annum. The non-party C, etc. jointly and severally guaranteed the above principal and interest obligation.
(2) On July 15, 1999, the Gwangju District Court declared bankrupt to the New Treasury. On April 22, 2003, the non-party E and F, the bankruptcy trustee of the New Treasury, the non-party E and F, the bankruptcy trustee of the New Treasury, transferred claims concerning the remaining principal and accrued interest of the above principal and interest of the loan to the Plaintiff (Seoul Financial Corporation) and notified C, etc. of the transfer of the credit at that time.
(3) On August 28, 2003, the Plaintiff filed a lawsuit against C, etc. seeking the payment of the above transfer amount (Seoul District Court 2003Gahap5155), and the above court rendered a judgment that “C shall jointly and severally with Nonparty G and H pay to the Plaintiff 496,169,330 won and 228,820,493 won with the Plaintiff at the rate of 22% per annum from July 10, 2002 to the date of full payment,” and the above judgment became final and conclusive on September 16, 2003 (hereinafter “the final and conclusive judgment of this case”).
Meanwhile, on August 31, 2010, G repaid 45,775,339 won to the Plaintiff as principal of the principal and interest of the loan.
(4) In order to interrupt extinctive prescription of a claim based on the instant final judgment, the Plaintiff filed a lawsuit seeking payment of the acquisition amount against C, etc. (Seoul District Court 2012Gahap3670). On August 16, 2013, the said court rendered a judgment that “C shall pay to the Plaintiff 532,476,071 won and 183,045,154 won with interest of 22% per annum from July 10, 2002 to the date of full payment,” and the said judgment became final and conclusive around that time.
B. (1) C is subject to the registration of the establishment of a neighboring mortgage.