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1. The Defendant’s payment order issued on September 25, 2015 in the Incheon District Court Decision 2015Hu22913 against Plaintiff B.
Reasons
1. Basic facts
A. D borrowed money from the Defendant on April 1, 201, and around that time, D issued a promissory note with a face value of KRW 550 million (hereinafter “first Promissory Notes”) to the Defendant to fully repay the borrowed money within three years, and the Plaintiffs stated and sealed the personal information as a joint guarantor in the first Promissory Notes with the intent to jointly and severally guarantee D’s obligation to borrow money.
B. On March 10, 2013, Plaintiff A affixed the creditor a seal on the loan certificate prepared as of March 10, 2013, which was signed by the Defendant, debtor D, loan amounting to KRW 550 million, interest amounting to KRW 1% per month, and the due date on March 10, 2016.
C. Plaintiff B entered personal information in the face of a Promissory Notes (hereinafter “B Promissory Notes”) issued by D as of May 17, 201 to the Defendant, with a face value of KRW 30,000,000 on the face of the Promissory Notes (hereinafter “B Promissory Notes”). D.
On April 1, 2011, the Defendant filed an application with D for a payment order of KRW 550 million, including the amount loaned to D on April 1, 201 (However, on March 10, 2013, the cause of the application for payment order was stated as the loan of KRW 2.345 million and the interest rate of KRW 20% per annum from the day after the original copy of the payment order was served to the day of complete payment. The payment order was issued on September 25, 2015 and the payment order was finalized on October 16, 2015.
E. The Defendant, as the Incheon District Court Decision 2015 tea22912, lent KRW 550 million to D on March 10, 2013, as the Defendant jointly and severally guaranteed by the Plaintiff, and the Plaintiff filed an application with the Defendant for a payment order with the Defendant that the Plaintiff shall pay damages for delay at a rate of 20% per annum from the day following the delivery of the original copy of the payment order to the Defendant, and the payment order identical with the above application (hereinafter “first payment order”) was issued on September 25, 2015 (on October 14, 2015, the delivery date of the original payment order).