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(영문) 전주지방법원 2020.11.25 2020나7104

대여금 등

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff, as a credit service provider on June 4, 199, lent to C the amount of KRW 15 million at maturity on August 19, 199; interest rate of KRW 108 per annum; and interest rate of KRW 24 per annum; and the Defendant, D, and E jointly and severally guaranteed the above loan obligations of the Plaintiff.

(2) On August 19, 199, the Plaintiff filed an order for payment with the Defendant, C, D, and E on August 31, 2009, for the remainder of the principal other than the principal amount paid and the interest accrued until August 19, 199, and for the delayed payment damages from August 20, 209, the Plaintiff received an order for payment in favor of the Plaintiff on August 31, 2009. The portion of the payment order against the Defendant (hereinafter “instant payment order”) against the Defendant was served to the Defendant on October 24, 2009, and became final and conclusive as it is, as it is, on the same month.

(C) On March 25, 2010, the Plaintiff filed an application for the seizure of movable property with the Jeonju District Court on March 25, 2010, with the title of the instant payment order against the Defendant, on the following grounds: (a) the Plaintiff was jointly and severally rendered a favorable judgment (C, D, and E shall jointly and severally pay 8 million won to the Plaintiff, 66% per annum from August 20, 199 to October 3, 2007, and 49% per annum from the next day to the date of full payment) and the judgment became final and conclusive on April 16, 2010. < Amended by Presidential Decree No. 22426, Oct. 23, 2019>

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, the purport of the whole pleadings, and facts which are obvious to this court

B. According to the facts of the above recognition, the defendant did not have any special reason to the plaintiff.