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(영문) 창원지방법원 2015.07.30 2014가합35228

청구이의

Text

1. Compulsory execution against the Defendant based on the payment order No. 2012j. 63 dated January 10, 2012 against the Defendant.

Reasons

1. Basic facts

A. The pertinent Plaintiff D Co., Ltd., as a company for the purpose of manufacturing environmental facilities and mutual cooperation tubes, is serving as the representative director, and the Defendant is serving as the representative director, and the F is serving as the Plaintiff D Co., Ltd., and the Defendant entered into a mutual transaction relationship, such as manufacturing and selling the jointter to Plaintiff D Co., Ltd. (hereinafter “instant goods transaction”).

In addition, as examined below, the defendant extended money to the plaintiff D Co., Ltd., and the plaintiff B, A, and C guaranteed it.

B. On June 27, 201, Plaintiff D Co., Ltd. prepared to the Defendant a certificate of loan set forth as KRW 50 million on the loan amount, KRW 30 million on July 31, 2011, and interest monthly; and borrowed KRW 50 million on June 29, 201 and KRW 50 million on June 29, 201 from the Defendant (hereinafter “the first loan”).

(2) On June 29, 201, Plaintiff A, B, and C jointly and severally guaranteed the above loan obligation. (2) On June 29, 2011, Plaintiff B prepared a loan certificate with the amount of KRW 30 million borrowed on August 30, 201, the due date for payment, 3% per interest month, and borrowed KRW 30 million from the Defendant on July 8, 201, and KRW 25 million on July 10, 201 (hereinafter “the second loan”), Plaintiff C, and C jointly and severally guaranteed the above loan obligation, and Plaintiff D Co., Ltd prepared and delivered the said loan obligation to the Defendant on October 14, 201, recognizing that the above loan was borrowed as the Plaintiff Company’s operating funds.

3) On July 6, 2011, Plaintiff C prepared to the Defendant a certificate of loan set forth as KRW 30 million, the due date for repayment, August 26, 201, and 3% of interest, and borrowed KRW 30 million from the Defendant on July 15, 201 (hereinafter “instant third-party loan”).

The plaintiff B and A jointly and severally guaranteed the above loan debt, and the plaintiff D Co., Ltd. was also dated October 14, 201.