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(영문) 춘천지방법원 2019.04.23 2017가단5641

청구이의

Text

1. On July 17, 2017, the Defendant’s payment order against the Plaintiff was based on the payment order for the loan case.

Reasons

1. Basic facts

A. C borrowed a loan from the Defendant, KRW 20 million on November 14, 2013 (2.5% on this rate), KRW 100 million on November 7, 2014 (2.6, interest rate of KRW 2.5% on February 6, 2015, KRW 8 million on prior interest), and KRW 5 million on October 12, 2015 (2.5% on this rate).

B. On May 16, 2017, the Plaintiff, a representative director of the Plaintiff’s payment agreement C with respect to C’s loan obligations, prepared and issued a debt certificate with the following content to the Defendant:

(hereinafter referred to as the “instant confirmation”). The debtor corporation AD representative director of Chuncheon City D; C (1) 20,000,000 on loan date from July 4, 2013 to January 30, 2014) the “Won 100,000 to February 6, 2015” means the “Won 30,000,000 Won 50,000 to February 6, 2015” means the “Won 30,00,000 from May 12, 2016 to July 12, 2016” means the “Won 30,00,000,000 Won 14 to May 15, 2017 to make an immediate repayment of the said loans.”

C. The Defendant filed an application with the Plaintiff for the payment order seeking the payment order against the Plaintiff, among the loans extended on July 4, 2013 by the court No. 2017 tea517, the principal amount of which was KRW 17,249,99, KRW 87,833,331, KRW 43,65, the principal amount of which was the loan extended on November 7, 2014, and KRW 43,041,65, the principal amount of which was the loan extended on May 12, 2016, and KRW 148,124,995, and delay damages therefrom.

On July 17, 2017, this Court ordered the Defendant to pay damages for delay calculated by the rate of 25% per annum from April 1, 2017 to the date of full payment.”

The payment order was served on the plaintiff on July 21, 2017, and the payment order was finalized as it is because the plaintiff did not raise an objection within two weeks.

On March 14, 2019, the Defendant received a decision of correction (this Court Decision 2019Kacis13) from the Defendant to the effect that “the Plaintiff shall pay to the Defendant 148,124,95 won and damages for delay calculated at the rate of 25% per annum from April 1, 2017 to the date of full payment.”

payment order below, ...