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(영문) 전주지방법원군산지원 2016.05.20 2015가합11986

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, on June 6, 2014, borrowed KRW 200 million on August 31, 2014 and interest rate of KRW 7% per annum (hereinafter “the instant loan certificate”), and the loan certificate, on August 6, 2014, issued by setting the loan certificate at 7% per annum and borrowing KRW 300 million per annum (hereinafter “the instant loan certificate”) at 7% per annum as of August 6, 2014, respectively.

The Defendant paid the money to C on the day of receipt of each of the instant loans.

The letter of loan dated June 6, 2014 stated "A representative C" as "A representative director C," and the official seal of the plaintiff is affixed next thereto.

The loan certificate dated August 6, 2014 stated "A representative director C of a stock company" as "C," and the seal of C is affixed next thereto.

B. The Defendant asserted that, upon receiving a request from C who was the representative director of the Plaintiff, the Plaintiff lent the funds necessary for the payment of interest on the company loan and the company operation funds to the Plaintiff, and that the Plaintiff lent KRW 200 million on June 6, 2014, and KRW 300 million on August 6, 2014, the Defendant applied for a payment order against the Plaintiff seeking the payment of the loan from the Jeonju District Court Gunsan District Court 2015 tea510 on April 24, 2015, and received the payment order (hereinafter “instant payment order”), stating that the payment order was issued from the said court to pay KRW 50 million on April 24, 2015, and the said payment order was served on the Plaintiff on April 27, 2015, and became final and conclusive on May 12, 2015.

C. The Defendant, with the original copy of the instant payment order as the executive title, received a seizure and collection order as to the Plaintiff’s claim against the Plaintiff’s Nonghyup Bank Co., Ltd. and the Jeonbuk Bank, as the former District Court’s Military Accounting Branch No. 2015,5081

[Grounds for recognition] without dispute;