대여금 등
1. The defendant shall pay 63,200,000 won to the plaintiff jointly with C.
2. The costs of the lawsuit are assessed against the defendant.
1. Facts of recognition;
A. On July 8, 2009, the Plaintiff applied for a payment order against Defendant, C (hereinafter “C”), D, and E with the Seoul Central District Court 2009Gu72516, and the above court rendered a payment order (hereinafter “instant payment order”) stating that “The payment order of this case was issued within the limit of KRW 83,200,00 and KRW 63,200,000, and KRW 63,200,000, respectively, to the Plaintiff jointly and severally, for the amount of KRW 64,945,249 and the amount calculated at the rate of 19% per annum from November 20, 2004 to the date of full payment.”
B. From December 13, 201 to May 12, 2014, the Plaintiff received a total of KRW 3,200,000 from the Defendant and appropriated it for the principal of the instant payment order bonds. As of May 22, 2019, the balance of the instant payment order bonds as of May 22, 2019 is the principal amounting to KRW 61,745,249,249 and delay damages amounting to KRW 159,59,02, totaling KRW 221,340,271.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. According to the above facts of recognition, the defendant is jointly and severally obligated with C to pay KRW 63,200,000 to the plaintiff out of the balance of the claim for the instant payment order, as requested by the plaintiff.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.