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(영문) 대구지방법원서부지원 2020.01.15 2016가단60581

청구이의

Text

1. The Defendant’s payment order against the Plaintiff was based on the loans case No. 2016 tea 1806 rendered by Seogu District Court Branch of the Daegu District Court.

Reasons

According to the evidence evidence Nos. 1 through 3, 6, 15, and 16, the plaintiff received from around September 25, 2014 to October 15, 2014, to borrow KRW 300 million from the defendant with respect to a rearrangement project (hereinafter "the loan of this case"), and C Co., Ltd. (hereinafter "C") jointly and severally guaranteed all the obligations owed by the plaintiff with respect to the loan of this case. The plaintiff repaid KRW 100 million to the defendant, but the remaining principal amount was not paid until the due date of payment of KRW 200 million. The defendant received damages for delay calculated at the rate of KRW 200 million and KRW 150 million per annum from KRW 200,000,000 to KRW 2016,000,000,000,0000,000 won and KRW 2016,000,000,000,000,000 won.

According to the above facts, KRW 49,629,00,00,000 deposited by the Plaintiff on January 24, 2017, was appropriated in order to delay damages and principal from the date of the deposit of payment pursuant to the instant payment order, and on the basis of the above date and time, the Defendant.