청구이의
1.(a)
Incheon District Court Decision 2013JE 1711 against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiffs prepared and delivered a total of seven loans (hereinafter “each of the loans of this case”) to the Defendant as indicated in the following [Attachment]:
[mark] On July 22, 2008, July 22, 2008, 2000 13,000,000,00 on the date and time of repayment of the debt, which is 13,00,000 on August 22, 2008, July 22, 2008, 200, 15,000,000 on August 32, 2008, 208, Plaintiff A4, 2,000, a joint and several surety, as of August 30, 200, Plaintiff B, and joint and several surety, as of August 14, 2009, 2% of the interest of 2,000, 10,0000, 10,000,000, Plaintiff B, a joint and several surety, as of October 28, 200, 201, Plaintiff B, a joint and several surety
B. As to each real estate listed in the separate sheet as Plaintiff B, the registration of creation of a neighboring mortgage with the Defendant as a mortgagee (hereinafter “each of the instant collective security interests”) was completed as follows.
No. 1, 2, No. 13, Aug. 13, 2007, No. 20,000,000 of the [Attachment No. 3] No. 3, Oct. 22, 2008, No. 15,000,000
C. The Plaintiffs paid the Defendant a total of KRW 6.58 million as follows.
Temporary amount of 1 December 15, 2008 520,000 on October 15, 2008 202 3.1,020,000 on November 21, 2008 3, 2003 December 17, 2008 4.1,020,020,000 on January 28, 2009 1,020,005 May 12, 2009 6,580,000
D. On March 28, 2013, the Defendant applied for a payment order based on each of the loan certificates stated above [Attachment] Nos. 2, 4, and 6 as of February 22, 2013, “the Plaintiff shall pay to the Defendant 23,060,000 won and 12,00,000 won among them, with interest rate of 24% per annum from the day after the original copy of the instant payment order was served on him/her to the day of complete payment (this Court Decision 2013Da1711, hereinafter “instant payment order”). The original copy of the payment order (this Court Decision 2013Da1711, hereinafter “instant payment order”) was served on the Plaintiffs on March 8, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence Nos. 1 through 7, the purport of the whole pleadings
2. The parties' assertion
A. The decision on the payment order of the plaintiffs 1 is No. 2, 4, and 6.