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1. The debt repayment contract concluded on December 7, 2015 between the Defendant and C Co., Ltd. is KRW 631,478,355.
Reasons
1. Basic facts
A. On November 20, 2015, the Plaintiff filed a lawsuit claiming the amount of unpaid service payment against C Co., Ltd. (hereinafter “C”), and at the appellate court rendered a judgment that “C shall pay to the Plaintiff 450,175,000 won with 5% per annum from October 18, 2013 to November 20, 2015, and 20% per annum from the next day to the date of full payment” (Seoul High Court 2015Na2020900). The above judgment became final and conclusive upon dismissal of the appeal by C.
B. From March 31, 2006 to November 29, 2012, the Defendant lent KRW 857,460,584 in total to C three times, and received reimbursement of KRW 135,00,000 by November 6, 2015.
C and the Defendant, on December 7, 2015, entered into an agreement on debt repayment (hereinafter “instant debt repayment agreement”) with the term “650,000,000 won of repayment, interest rate of December 8, 2015, 1% per annum, and 2% per annum of delay damages,” with respect to the repayment of the said loan repayment (hereinafter “the instant debt repayment agreement”). The said agreement entered into a notarial deed of monetary loan agreement (No. 438, 2015, a notary public drafted a deed of Seongdong-gu General Law Firm Preparation.).
C. On December 21, 2015, the Defendant, with the title of execution of the said notarial deed, was issued an assignment order on KRW 693,701,368 of the service payment claim against C’s D Housing Reconstruction and Improvement Project Association (hereinafter “Drown”) (this Court Decision 2015TTT17413).
However, with respect to the above claim against the defendant, the decision of prohibition of disposal and provisional disposition of prohibition of payment (this Court 2016Kahap10177) was approved in the procedure of objection against the above provisional disposition (this Court 2016Kahap294), and the defendant's appeal (Seoul High Court 2016Ra21395) was dismissed.
The defendant can not receive the above claim in reality.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 7, and 10, the purport of the whole pleadings
2. The parties' assertion
A. The defendant of this case shall make a reimbursement contract of this case.