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(영문) 대구지방법원 2017.06.08 2016가합206295

청구이의

Text

Daegu District Court Decision 2011Hu1011 dated December 5, 201, against Defendant C Co., Ltd.

Reasons

Basic Facts

The Defendant, on November 28, 201, filed an application for the payment order under Daegu District Court No. 201 tea11011 on the grounds of the loan certificate (hereinafter “the first loan certificate”) from November 5, 2009 as follows, and the above court on December 5, 2011, “C (hereinafter “C”) shall jointly and severally pay to the Defendant KRW 39 million and the amount calculated at the rate of KRW 30 million per annum from November 6, 2009 to the date of full payment” (hereinafter “the first payment order”). The above order became final and conclusive on December 31, 2013.

The loan certificate amounting to KRW 390,00,000 ( KRW 390,000,000) shall be borrowed on a regular basis as of November 5, 2009, and the interest shall be paid three copies per month from the date of settlement of accounts, and the due date shall be paid as of December 5, 2009, and if interest is in arrears on more than two occasions, the interest shall lose the due date and shall have no objection to compulsory execution immediately.

On November 5, 2009, a joint and several surety for Defendant C’s in-house director G in-house director.

1.F (G's mother);

2. G (C’s actual operator);

3. H (G’s wife);

4. On November 28, 2011, the Defendant filed an application for payment order with the Daegu District Court No. 201 tea 11012 on the grounds of the loan certificate (hereinafter “the second loan certificate”) as of September 20, 201, and the said court issued the payment order (hereinafter “instant payment order”) to the Defendant on December 9, 201, jointly and severally with D Co., Ltd. (hereinafter “D”), C, F, G, and I paid KRW 56.5 million to the Defendant and the amount calculated at the rate of 30% per annum from September 21, 201 to the date of full payment. The said payment order became final and conclusive on February 29, 2012.

A loan certificate of KRW 565,00,000, above shall be borrowed on September 20, 201 as of September 20, 201, and interest shall be paid three copies per month from the date of the loan, and the due date shall be paid as of November 29, 201, and interest shall be paid at least twice.