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1. Transfer of the instant lawsuit in excess of KRW 363,173,264 of the claim stated in the [Attachment 1] list among the instant lawsuit
Reasons
1. Facts of recognition;
A. E was appointed as the representative director of D on November 4, 2004.
B. The Plaintiff filed a lawsuit against E, etc. claiming a loan by asserting that only KRW 100,00,000 was paid with interest rate of KRW 220,000 per annum from April 20, 2002 to October 31, 2008, the Seoul Southern District Court (201Gahap 23812), and the Plaintiff leased KRW 220,00,000 to E, with interest rate of KRW 10,000,00, and the Plaintiff filed a lawsuit against E, etc. claiming that only the principal was paid. While receiving a written reply, E, etc. did not submit a written reply within 30 days, the said court rendered the following main judgment on March 27, 2012 and the said judgment became final and conclusive
“E, etc. shall jointly and severally pay to the Plaintiff 120,000,000 won with 10% interest per annum from June 1, 2010 to January 12, 2012, and 20% interest per annum from the next day to the day of full payment.”
C. On January 10, 2013, the Plaintiff filed a lawsuit in subrogation of the claim for reimbursement against E in order to preserve the claim of KRW 150,557,376, total amount of the loan to E as recognized in the judgment at Suwon District Court (2012Gahap11894), and the interest or delay damages until June 30, 2012, and was sentenced to a judgment without pleading on the following main order. The foregoing judgment became final and conclusive on March 4, 2013.
“D shall pay to the Plaintiff 150,557,376 won with 5% interest per annum from July 1, 2012 to October 25, 2012, and 20% interest per annum from the next day to the day of full payment.”
D. On October 26, 2012, D completed the registration of the establishment of a mortgage on the instant building of KRW 456,390,000 against C as the secured debt, with regard to the instant building owned by C, as the claim for the construction cost of the instant building of KRW 456,390,00,000.
E. On January 29, 2014, the Defendant filed a payment order against D, etc. on the grounds of the following claims and claims with the Suwon District Court (2014 tea447). Accordingly, on February 4, 2014, the payment order issued on the main order that “D shall pay to the Defendant the amount stated in the following claims.”