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(영문) 수원지방법원안산지원 2015.07.24 2014가단35426

청구이의

Text

1. It is based on the judgment of Suwon District Court rendered on July 18, 2013, rendered by the Defendant to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant live in the lower floor of the same Ba, which is between the parties in a private village and the defendant.

B. The Plaintiff, while running a credit business with the trade name “C”, provided that he would pay the Defendant money, and received a total of KRW 133,000,000 from March 11, 2008 to March 10, 2009 from the Defendant, and paid KRW 6,00,000 to the Defendant from August 4, 2008 to May 8, 201, and did not perform the remaining obligation to return the loan.

1. The Defendant (referring to the Plaintiff; hereinafter the same shall apply) pays 133,00,000 won to the Plaintiff (referring to the Defendant; hereinafter the same shall apply) and 123,00,000 won, 6% per annum from July 5, 2012 to July 18, 2013; 20% per annum from the next day to the date of full payment; 10,000,000 won to the remainder; and 24% per annum from December 21, 2010 to the date of full payment.

2. All remaining claims of the Plaintiff are dismissed.

3. One-fifth of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

C. Accordingly, the Defendant filed a lawsuit against the Plaintiff on the claim for loans (hereinafter “instant first lawsuit”) with the Suwon District Court rendered an Ansan Branch 2012Gahap4890, and the said court rendered a judgment that partly accepted the Plaintiff’s claim on July 18, 2013.

1. Eul shall pay 100 million won, out of the principal and interest pursuant to the loan ruling 2012Gahap4890 rendered by the Suwon District Court, to the attorney-in-law of Gap, by August 7, 2012.

2. A shall cancel the provisional attachment of the real estate of subparagraph B of Article 2012Kadan50397, Ansan Branch of Suwon District Court.

3.Paragraphs 1 and 2 shall be simultaneous performance.

4. “B” means KRW 100,00,000,000 paid on August 7, 2013, out of the total principal and interest of KRW 148,249,368 according to the loan ruling rendered by the Suwon District Court 201,50,00,000,000,000,000,000,000,000,000,00