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(영문) 창원지방법원거창지원 2017.10.26 2016가합10249

청구이의

Text

1. The Defendant’s loans to the Defendant, Changwon District Court 2007j. 59, which was the Defendant’s Seoul District Court for the Defendant.

Reasons

1. Basic facts

A. On May 2, 2000, the Defendant loaned KRW 50 million from Suwon Agricultural Cooperative to the Plaintiff’s account and remitted KRW 44.2 million among them to the Plaintiff’s account, and the remainder KRW 5.8 million was paid to the Plaintiff in cash.

B. The Plaintiff, on December 6, 200, remitted to the Defendant KRW 3.3 million, and KRW 1 million on March 30, 2001. On December 21, 2001, the Plaintiff visited Suwon Agricultural Cooperatives and paid all the interest on the said loan until the time.

C. On April 19, 2006, the Defendant sent to the Plaintiff a certificate of content that “the Plaintiff sought payment of KRW 82,651,349,00,000,000,000,000,000,000,000 won for the principal and interest as of May 2, 2000, as of the Plaintiff’s obligation as of December 21, 2001, due to the Defendant’s failure to pay the principal and interest.” As such, the Defendant sent to the Plaintiff a certificate of content that “The Plaintiff sought payment of KRW 50,000,000,000,000 for the principal and interest as of December 19, 206, in total, KRW 27,665,00,000 for the principal and interest of KRW 4,236,

On February 15, 2007, the Defendant applied for a payment order on the same ground as the above content certification and received a payment order from the Changwon District Court 2007Ra59 on February 15, 2007, “the Plaintiff shall pay to the Defendant 82,651,349 won and 20% interest per annum from the service date of the payment order in this case to the day of full payment.” The above payment order was finalized as it was by the Plaintiff’s mother, who was a cohabitant at the Plaintiff’s domicile on February 16, 207, and the Plaintiff’s failure to raise an objection.

(1) On December 2, 200 through May 1, 2001, 1313.32, 386, 712, 50, 500 to June 21, 202, 13.36, 964, 109, 50, 50, 20. 6. 36, 20. 36, 20. 36, 20. 36, 30, 40, 20. 5, 205, 20. 8. 36, 40, 205, 20. 6. 3, 205, 206. 3, 205, 206. 3, 16. 3, 200, 205, 206. 3. 5, 200, 2008; 3782, 350, 216. 2