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(영문) 창원지방법원 2020.04.21 2019가단118152
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was issued on November 4, 2014 by the Changwon District Court, Kimhae-si Court, 2014.

Reasons

1. On April 25, 201, the Plaintiff prepared a certificate of 100 million won of the loan (on April 25, 2012, the repayment date) and a certificate of 100 million won of the loan (on November 13, 2013, the repayment date) issued to the Defendant each (hereinafter “certificate of each loan in this case”).

On November 4, 2014, the Defendant asserted that the Plaintiff borrowed the amount stated in the respective loan certificate from the Defendant on the basis of the respective loan certificate of this case, and filed an application for a payment order (2014 tea 2703) with the Changwon District Court Kim Jong-si court, and received a payment order (the Plaintiff shall pay the Defendant KRW 100 million, its delay damages, and its demand procedure expenses) on November 4, 2014, and upon receiving an application for a payment order (the Plaintiff shall pay the Defendant KRW 100 million, its delay damages, and its demand procedure expenses) from the same court on May 12, 2015, each of the above payment orders became final and conclusive on May 12, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 5 and 6 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion did not borrow money from the defendant.

Therefore, each of the above orders for payment, the executive titles of this case, is invalid as being based on a false claim that does not exist. Therefore, compulsory execution based on each of the above orders for payment should be rejected.

B. The Defendant’s assertion from February 2013 to November 13, 2013, while running a transportation business with the Plaintiff, paid for the Plaintiff the monthly wage of article, vehicle installment, oil supply, etc., and the amount of money to KRW 224,73,817 by lending living expenses, etc. to the Plaintiff.

The defendant prepared each of the loans in this case in order to guarantee the plaintiff's repayment of KRW 200 million out of the above amount. Accordingly, since the contract for quasi-loan for consumption with respect to the above 200 million won which the plaintiff bears to the defendant, the plaintiff is obligated to pay KRW 200 million to the defendant.

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