청구이의
1. The payment order issued by the Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant) was based on the Chuncheon District Court Order No. 2012 tea1879.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The facts subsequent to the facts of recognition do not conflict between the parties, or are recognized by comprehensively taking account of the overall purport of pleadings as follows: Gap evidence No. 1, 3, 6, 7, 9, 10, 14, Gap evidence No. 2-1, 2-3, Gap evidence No. 4-2, Gap evidence No. 5-1, 2, Gap evidence No. 13-1, 2, 2-3, Eul evidence No. 2-1, 2-2, 3, Eul evidence No. 2-2, Eul evidence No. 3, 4, 5, 6, 7, 8, 9, 10, and 11; Gap evidence No. 11-1, and Eul evidence No. 2 shall not interfere with the recognition as follows.
On September 1, 2010, the Plaintiff’s mother C borrowed KRW 2 million from the Defendant at the interest rate of 5% per annum (No. 1-1). On the same day, the Plaintiff’s mother C borrowed KRW 2 million from the Defendant’s father F’s account.
(hereinafter “instant No. 1”) or No. 1 (hereinafter “instant No. 1”) B.
(1) On September 28, 2010, 2010, C drafted a cash custody certificate (A evidence No. 2-2, B-2, 1-2, hereinafter referred to as “second-use certificate of this case”) that the Defendant borrowed KRW 5 million from the Defendant on December 28, 2010 as the due date on December 28, 2010. The second-use certificate of this case contains the Plaintiff’s seal affixed to G, and only the Plaintiff’s personal information is written.
(2) On September 17, 2010, G’s certificate of the personal seal impression (certificate No. 4) issued on September 17, 2010 in G’s name and the copy of the resident registration certificate (certificate No. 5) issued on September 17, 2010 in the name of the Plaintiff (certificate No. 5) are separately attached.
(3) On September 28, 2010, KRW 5 million was withdrawn from the F’s account in cash and check.
(4) On September 28, 2010, C and the Defendant applied for automatic transfer of the amount of KRW 350,000 (i.e., the amount of KRW 50,000 per month for KRW 7 million, which is the sum of the amount of KRW 1 and the amount of KRW 2,000,000) from the one’s post office account to the F’s account, with the agreed rate of KRW 5% per month.
C. No. C (1) No. 18 of October 18, 2010, is three million won from the Defendant on October 18, 2010.