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(영문) 제주지방법원 2019.02.14 2017가합13010

청구이의

Text

1. Compulsory execution against the plaintiff by the defendant on January 2, 2009 by the Jeju District Court 2008Guj2986 decided January 2, 2009 against the plaintiff is 186,930.

Reasons

1. Facts of recognition;

A. On December 19, 2006, the Defendant and the Plaintiff entered into a loan contract and joint and several sureties contract with the Plaintiff and the Defendant. On December 19, 2006, the Defendant leased KRW 12.4% per annum to the Plaintiff at the interest rate of KRW 170 million, December 19, 2009, the due date of payment at the rate of KRW 19% per annum, and C (the Plaintiff’s fraudulent act), D (the Plaintiff’s wife), and E (the Plaintiff’s children) jointly and severally guaranteed the above loan obligations (hereinafter “instant first loan”).

2) On December 19, 2006, the Defendant: (a) on December 19, 2006, lent KRW 170 million to C at the interest rate of 12.4% per annum; (b) on December 19, 2009, the due date for repayment; and (c) on December 19, 2009, at the interest rate of 19% per annum; and (d) the Plaintiff, D,

(3) On December 19, 2006, the Defendant: (a) lent KRW 60 million at the interest rate of 12.4% per annum to E; (b) December 19, 2009; and (c) on December 19, 2009, at the interest rate of 19% per annum; and (d) C, the Plaintiff, and D jointly and severally guaranteed the above loan obligations (hereinafter “instant loan 1”).

3) (hereinafter “each of the instant loans”) is added to the above loans.

A person shall be appointed.

B. On December 19, 2006, the Defendant registered the establishment of a neighboring mortgage on each of the real estates listed in the separate sheet owned by the Plaintiff, C, D, and E, the establishment of a neighboring mortgage for the security of each of the loans of this case was completed.

C. A partial repayment of each of the instant loans 1) The Plaintiff paid the principal amount of KRW 60 million out of the instant loans from October 30, 2008 to June 6, 2008, and interest accrued until October 30, 2008. 2) C repaid the interest accrued up to October 30, 2008 from the instant loans 2 loans until October 30, 2008.

3) By October 30, 2008, E repaid interest from the third loan of this case to January 27, 2008. D. On October 30, 2008, the Defendant applied for a payment order against the Plaintiff, C, D, and E for a payment order (the Jeju District Court issued a payment order as stated above on November 6, 2008, and the said payment order was issued to the Plaintiff on November 13, 2008.