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1. The Defendants jointly share KRW 57,993,150 to the Plaintiff and Defendant B with respect thereto from July 12, 2017, and Defendant C.
Reasons
1. Facts of recognition;
A. On April 14, 2015, the Defendants: (a) leased KRW 138 square meters on the Western side to D Co., Ltd. (hereinafter “D”) from among the first floor of the buildings listed in paragraph (2) of the attached Table 2 (hereinafter “instant building”); (b) the lease deposit amount of KRW 100,000,000 per month of rent (excluding value-added tax); and (c) the lease period of KRW 12,00,000 per month of rent (excluding value-added tax); and (d) the lease period from May 15, 2015 to May 14, 2017.
(hereinafter “Lease of this case”). (b)
D In order to secure the claim for the return of the lease deposit of this case, Suwon District Court, Sung-nam Branch of Gwangju District Court (Seoul District Court) completed the registration of lease on July 6, 2015 (hereinafter “registration of lease on a deposit basis”) (hereinafter “registration of lease on a deposit basis”).
C. Meanwhile, on July 6, 2015, the Plaintiff lent KRW 50,000,000 to D and D’s inside directors E (hereinafter “instant loan”) for the said security, and completed the registration of the establishment of a mortgage on the instant chonsegwon (hereinafter “registration of the establishment of a mortgage on chonsegwon”) by Sungwon-nam Branch Office of Busan District Court on July 6, 2015 (No. 55339) received on July 6, 2015.
Then, on December 20, 2016, the Plaintiff was rendered a favorable judgment of the Plaintiff (U.S. District Court Decision 2016Da15135, hereinafter “instant judgment”) with the purport that “D and E shall jointly and severally pay to the Plaintiff 50 million won and 15% interest per annum from June 6, 2016 to the date of full payment.” The instant judgment became final and conclusive on February 1, 2017.
E. In addition, on July 1, 2016, the Plaintiff was issued an assignment order of the claim attachment and assignment order (U.S. 2016TT Branch 2016TY 6294; hereinafter “instant claim attachment and assignment order”) with the creditor, debtor D, third debtor D, and claim amount as KRW 60,046,60,00, based on the instant judgment, and around that time.