beta
(영문) 서울중앙지방법원 2014.07.23 2014가단6822

청구이의

Text

1. The Defendant’s payment order for loans against the Plaintiff was issued on December 3, 2010 by the Seoul Central District Court (2010 tea86398).

Reasons

1. Basic facts

A. On October 8, 2002, the Plaintiff entered into a contract with B (representative C and D) for sale in lots (hereinafter “instant sales contract”) with the non-Dong-dong Etel (hereinafter “instant officetel”) Nos. 611 through 613 of the non-Dong-dong, Nam-gu, Incheon (hereinafter “instant officetel”) constructed by the Jung-gu, Seoul Special Metropolitan City Construction (hereinafter “the instant officetel”).

B. The Plaintiff entered into the instant sales contract with B, while receiving an intermediate payment from the Defendant, and agreed to pay B interest accrued prior to the end of the occupancy designation period (the scheduled date of occupancy is February 2, 2005), and the interest accrued thereafter was paid by the Plaintiff.

C. After that, the Plaintiff received three loans from the Defendant on December 16, 2002, as shown in the separate loan details, to pay five installment payments from the intermediate payment of the instant sales contract.

(hereinafter “instant loan”). D.

In addition, the above loans were implemented five times in total in accordance with the payment date of intermediate payments, deposited into a bank account under the name of the Construction in the Sea, and as of November 21, 2010, the principal of the instant loans is KRW 103,290,000 in total, and interest is KRW 48,927,720 in total.

total (152,217,720). e.

On the other hand, on October 15, 2004, the Plaintiff borrowed 48,630,000 won or more from the Defendant for the payment of the installments of 1523 to the instant officetel. On November 21, 2010, the loan principal was KRW 48,630,000, and interest was KRW 19,355,254.

(Total) Around December 25, 2010, the Defendant applied for a payment order against the Plaintiff for the payment of the principal and interest of the instant loan and the principal and interest of the instant loan to the Seoul Central District Court (Seoul Central District Court No. 2010 tea86398, Dec. 3, 2010; hereinafter “instant payment order”).

(2) The order of the instant payment order was issued by the Plaintiff and the Defendant KRW 220,202,974.