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1. The application for intervention by the defendant succeeding intervenor shall be dismissed;
2. The Seoul Central District Court DD Real Estate Auction case.
Reasons
Basic Facts
The Plaintiff filed an application with the Seoul Western District Court for the payment order for the repayment of the loan with the Seoul Western District Court No. 2008j. 6604, Aug. 14, 2008, the above court ordered the Plaintiff to pay “E shall pay the Plaintiff KRW 20.4 million and its delay damages.” The above payment order was finalized around that time.
F Co., Ltd. (hereinafter referred to as “F”) was promoting a project to create a tourist leisure hall at the site of approximately approximately KRW 25,000 G G in Gangwon-gun, Gangwon-do.
On January 26, 2006, the Defendant (the first Company H was changed to the current trade name on March 1, 2006) concluded an investment contract with F to jointly participate in the said business by investing funds in the said business. At the time, F agreed to lend a total of KRW 5 billion (hereinafter “instant loan”) in accordance with the funding requirement plan until December 31, 2006, and the due date for payment was agreed to F until December 31, 2006. The F’s representative director and the major shareholders of E, I, and J jointly and severally guaranteed the above loan obligation against the Defendant E, I, and JF.
After that, the defendant lent 5 billion won to F according to the above agreement.
The Defendant filed an application against E for a payment order seeking the payment of the instant loan with the Seoul Central District Court Decision 2015 tea320457, and the said court on December 24, 2015, issued the payment order (hereinafter “instant payment order”) that “E pays KRW 1 billion to the Defendant and its delayed payment damages,” and the said payment order was finalized around that time.
The Defendant filed an application for a compulsory auction with the Seoul Central District Court D with respect to the share of 1/3 of the K Apartment L, in Dongjak-gu Seoul Metropolitan Government, which is owned by E as the title of execution, and the said court rendered a decision to commence the auction on December 11, 2017. Accordingly, while the auction procedure (hereinafter “instant auction procedure”) was in progress, the said real estate was sold and the distribution procedure was in progress.
On September 21, 2018, the above court shall make an amount of the sum of interest on the proceeds of sale.