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(영문) 대구지방법원 영덕지원 울진군법원 2018.08.21 2018가단26

청구이의

Text

1. The Defendant’s payment order against the Plaintiff was issued and issued on July 25, 2017 by the Daegu District Court (Seoul District Court), the Seoul District Court (2017Da246, Jul. 25, 2017).

Reasons

1. Facts of recognition;

A. On February 6, 1992, the Defendant lent KRW 5,000,00 to B with the due date set as February 6, 1994 (hereinafter “the first loan”). The Defendant lent KRW 5,00,000 to B (hereinafter “the instant first loan”).

(2) On July 13, 2017, the Defendant filed an application for the payment order against B, who is the debtor of the instant loan, and the Plaintiff and C, who is its joint guarantor, seeking the payment of the instant first loan, with the Daegu District Court Young-gun District Court Decision 2017Hu246, supra. On July 25, 2017, “B, the Plaintiff, and C, jointly and severally, jointly and severally, to the Defendant KRW 11,574,130 and KRW 1,018,70 from June 9, 2017 to the date of delivery of the original payment order, and thus, the Defendant did not receive the payment order at the rate of 18% per annum from the date of delivery of the original payment order (hereinafter “the instant order”).

B. On November 15, 1993, the Defendant lent KRW 10,000,00 to D with the due date set as of November 15, 1995 (hereinafter “the second loan”). The Defendant lent KRW 10,00,000 to D (hereinafter “the second loan”).

(2) On July 13, 2017, the Defendant filed a payment order with the Daegu District Court, 2017Hu261, seeking payment of the instant secondary loan against the Plaintiff, who is a debtor of the instant secondary loan, and a joint guarantor, on July 13, 2017, as the Plaintiff and E jointly and severally guaranteed the instant secondary loan debt, and D failed to repay the instant secondary loan debt until the said repayment period.