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1. The extent of KRW 25,890,710 shall not exceed the limit of KRW 25,890,710 on May 1, 2015 between the Defendant and C Agricultural Partnership.
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim 1) The Plaintiff’s agricultural partnership C around January 25, 2010 (hereinafter “C”)
A) Around September 3, 2010, the Plaintiff borrowed KRW 100 million at interest rate of 24%. Around September 3, 2010, the Plaintiff received a certificate of loan from D with respect to the amount payable at KRW 20 million. The Plaintiff filed an application for payment order against D as the Daejeon District Court Branch Branch Branch 201 tea 1406 around May 2, 2011. On May 2, 2011, the said court ordered the Plaintiff to pay “D shall pay the Plaintiff KRW 20 million and its delay damages,” and the said payment order became final and conclusive around that time. (ii) The Plaintiff filed an application for payment order with C seeking payment of KRW 20 million against the Plaintiff around January 2015.
(hereinafter “Loan Case”). The loan case continued to be supported by the Daejeon District Court’s 2015Gaso2485 on the ground of C’s objection.
On October 6, 2015, the above court rendered a judgment that "C shall pay to the Plaintiff 20 million won and 20% interest per annum from January 29, 2015 to the date of full payment." The above judgment became final and conclusive around that time.
3) As of July 19, 2016, the claim for the judgment on a loan case remains in total of KRW 20 million and KRW 5,890,710 and KRW 25,890,710 as of KRW 5,710. (B) On June 2011, C filed a lawsuit against the Defendant and E for the claim for the payment of share capital as of KRW 20,000 and KRW 25,890,710.
(A) On March 21, 2012, the above court rendered a judgment that “C shall pay 26.2 million won and interest thereon at the rate of 20% per annum from July 8, 2011 to the date of full payment, and E shall pay 10.1 million won and interest thereon at the rate of 20% per annum from July 1, 201 to the date of full payment” (hereinafter “instant judgment”).
Accordingly, the defendant and E appealed to Daejeon District Court 2012Na5689.