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1. The defendant's compulsory execution against the plaintiffs is based on the payment order of Seoul Central District Court 201j 43950.
Reasons
1. Basic facts
A. On November 14, 2003, the Dispute Resolution Co., Ltd. Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into a credit transaction agreement (hereinafter “the first credit transaction agreement”) with G on November 14, 2003, with the credit limit of KRW 290,000,000,000 and November 14, 2004, with the expiration date.
Plaintiff
A, on the same day, the non-party company has guaranteed the total credit transaction debt to be borne by the company in the present and in the future with the limit of KRW 348 million.
B. On March 16, 2004, the non-party company entered into a credit transaction agreement (hereinafter “the second credit transaction agreement”) with the G Co., Ltd. with a limit of KRW 100 million and the expiration date on March 16, 2005.
Plaintiff
B around March 2004, the non-party company guaranteed the limited contract amount of KRW 120,000,000,000,000 for the loan obligations owed by the non-party company to G.
C. The Bank of Bankruptcy Co., Ltd. has transferred to H(B) and H(B) to the Bank of Bankruptcy Co., Ltd. on January 17, 2008, and the Bank of Bankruptcy Co., Ltd. to J(J) on July 20, 2009 the loan claims under the above credit transaction agreement (hereinafter “each of the instant loan claims”) and the joint and several surety claims against the plaintiffs.
J (U) filed an application with the Plaintiffs for the payment order as Seoul Central District Court No. 201j43950, Jun. 9, 2011, the above court issued the payment order (hereinafter “instant payment order”) stating that “The parties and the Defendants jointly and severally pay 100,000 won to J (U) and the amount calculated by the rate of 20% per annum from the day following the date of receiving the delivery of the instant order to the day of full payment” (hereinafter “instant payment order”).
Plaintiff
A On June 13, 2011, and June 14, 2011, Plaintiff B received each of the instant payment orders, but did not object thereto, and the instant payment order became final and conclusive.
E. On July 28, 2011, J transferred each of the instant loan claims and joint and several surety claims to the KAB and the KABB to the Defendant on December 7, 2011, and the Defendant was granted an execution clause to succeed to the instant payment order on May 24, 2012.
[Grounds for Recognition] contain facts without dispute, Gap 1 to 5 evidence numbers.