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(영문) 의정부지방법원 2016.11.15 2016가단21384
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the purport of the evidence Nos. 1 through 4 and the entire pleadings, the Defendant filed an application with the Plaintiff and C for a payment order with the purport that “The Defendant jointly and severally filed against the Plaintiff and C a payment order with the purport that “from January 1, 2009, the Defendant shall jointly and severally pay to the Plaintiff KRW 30 million and the amount calculated at the rate of 5% per annum from the next day to the delivery date of the authentic copy of the instant payment order, and the amount calculated at the rate of 15% per annum from the next day to the date of complete payment,” and the said court issued the payment order (hereinafter “instant payment order”) with the above content on January 25, 2016, and the fact that the instant payment order became final and conclusive around that time.

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Plaintiff did not jointly and severally guarantee C’s obligation to borrow funds against the Defendant. Therefore, compulsory execution based on the instant payment order shall be dismissed.

B. In a lawsuit of demurrer against a claim for a payment order for which judgment became final and conclusive, where the plaintiff claims that the defendant did not have established the defendant's claim, the plaintiff is liable to prove the cause of the claim to the defendant, and where the plaintiff claims the fact that the claim is invalid or extinguished as a false declaration of conspiracy or due to repayment, etc., and

(2) In light of the aforementioned legal principles and the purport of the entire arguments, the following facts are established: (a) A’s evidence Nos. 3 and B’s evidence Nos. 1 and the entire purport of the pleadings, on September 8, 2008; (b) C prepared a loan deposit certificate with the debtor on December 31, 2008; and (c) delivered it to the Plaintiff (hereinafter “the loan certificate of this case”); and (d) affixed a seal on the joint and several guarantor column of the loan certificate of this case; and (c) the seal on the joint and several guarantor column of the loan certificate of this case is almost the same as the seal on the certificate of personal seal impression issued by the Defendant on September 5, 2008.

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