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(영문) 춘천지방법원 2017.02.23 2016가단5934
청구이의
Text

1. Compulsory execution based on the payment order issued by the Defendant against the Plaintiff is KRW 10,540,648 and KRW 10,548.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, Eul evidence No. 4, and Eul evidence No. 1.

On May 23, 1996, the defendant lent 15,000,000 won to the plaintiff (hereinafter "the loan of this case") and the non-party B jointly and severally guaranteed the loan of this case.

B. The Defendant filed an order to pay 19% per annum from September 27, 2007 to the date of full payment with respect to the principal amount of KRW 17,830,810 and the principal amount of KRW 2,479,080 under the loan of this case jointly and severally with the Plaintiff and Nonparty B, as the payment order of Chuncheon District Court 2007 tea2148, and the Defendant issued the above payment order (hereinafter “instant payment order”). The Plaintiff did not raise any objection to the instant payment order, and the instant payment order became final and conclusive, and Nonparty B raised an objection to the instant payment order.

C. Nonparty B raised an objection to the instant payment order, and brought a lawsuit against the Chuncheon District Court 2007 Ghana30505 case. On May 23, 2008, the decision of recommending reconciliation of this case became final and conclusive.

1) Nonparty B shall pay 5,00,000 won to the Defendant until June 23, 2008. However, where the above amount is not paid by the above payment date, Nonparty B shall pay the unpaid amount plus damages for delay at the rate of 20% per annum from the day following the date of payment to the day of full payment. 2) The Defendant shall, without delay, waive the remainder of the Defendant’s remaining claims against Chuncheon District Court No. 2005Kadan45, Chuncheon District Court No. 20055. 301.

4. Costs of lawsuit.

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