Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
(b) shall not be eligible.
However, the fact that the applicant obligee indicated the incidental claim such as damages for delay in addition to the principal of the claim as a claim claim in the application for auction, and later specified the specific amount of the incidental claim by the statement of claim in the application for auction is only permissible because it is nothing more than specifying the basis and scope of the claim amount as stated generally in the application for auction, and it does not constitute an extension of the claim amount.
(2) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles and evidence No. 1, 2007Da14933, May 11, 2007. According to Gap evidence No. 4, the plaintiffs stated in the column for the claim amount of the auction application of this case as "gold 108,502,464 won (the amount based on the collective security registered as the record as of 21951, May 24, 2017)". The court below stated in the above application that attached the calculation statement of interest * (the plaintiff's calculation statement of interest No. 50,000,00 as the annual interest rate of 50,60,000 as the date of the beginning date of principal, 11825,041,095, 005, 100, 106, 106, 2010, 10, 405, 2014).
According to the above facts, the plaintiffs stated KRW 108,502,464, which is a specific amount, in the claim amount column in the application form for auction of this case, and stated only the interest during the above period by specifying the period of occurrence of interest (including delay damages; hereinafter the same shall apply) from September 24, 2017 to January 19, 2018 in the calculation statement of interest. There is no statement in the purport that the plaintiffs seek an amount equivalent to the interest from September 24, 2017 to the date of full payment.
Therefore, the entry of the application for auction in this case is about KRW 100 million and its principal.