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1. All appeals by the Defendants and incidental appeals by the Plaintiff Pump Deposit Co., Ltd. are dismissed.
2. The appeal shall be.
Reasons
1. The reasons why this part of the underlying facts should be explained by the court are as follows, and this part of the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, except for the dismissal of the part of Article 1-b of the reasoning of the judgment of the court of first instance as follows.
B. On December 21, 2003, Plaintiff A, for whom the payment order for Plaintiff A was finalized, filed an application for the payment order under the Daejeon District Court Branch of 2012 tea2117 on June 4, 2012, on the ground that Plaintiff A lent KRW 300 million to E at interest rate of 24% per annum. On June 5, 2012, the said court issued the payment order (hereinafter “instant payment order”) on June 5, 2012, “E shall pay to Plaintiff A 90,852,400 won and its 300,000,000 won per annum from June 5, 2012 to the date of full payment.” The said payment order was finalized on June 27, 2012.
2. The parties' assertion
A. (1) The Plaintiffs’ assertion (1) was made by E in a false manner on the part of the Defendants. Thus, the Defendants’ right to collateral security (hereinafter “instant right to collateral security”) regarding the instant real estate is a false collateral security without secured claims. Since it is improper for the Defendants to receive dividends based on the instant right to collateral security, the Defendants’ right to distribute dividends to the Plaintiffs, who are lawful right to distribute dividends to the Defendants should be corrected.
(2) Even if the content of the instant loan instrument is not false, the statute of limitations has already expired since the Defendants’ claim for loans stated in the said loan instrument applies five years to commercial bonds. The Defendants did not exercise their rights for five years from the due date.
B. (1) The Defendants’ assertion (1) made a loan from around 1993 to E, and on October 24, 1998, delivered the instant loan certificate to KRW 2 billion and secured the loan claim under the said loan certificate.