beta
Text
1. The Defendant’s judgment on the Defendant’s claim for a loan against the Plaintiff is based on the District Court Decision 2004Gadan36161.
Reasons
1. Basic facts
A. C borrowed 50 million won from D on November 30, 2003 at the maturity of 2% (3% per annum) of interest on May 30, 2004, and decided to transfer the name of the lender to E in the name of D (the agreement related to the loan of this case was under the name of E, but its decision making seems to have been D). The Plaintiff jointly and severally guaranteed the above loan debt, and the Plaintiff did not pay the above amount. E filed a lawsuit claiming a loan of 50 million won against the Plaintiff and C with the Government District Court (2004Ka36161) and conducted real estate provisional seizure (the Government District Court Decision 2004Kadan5718).
B. On August 20, 2005, between C, F, and E, agreed that “C and F shall pay to E the amount of KRW 185,300,000,000, and E shall reduce the above amount of KRW 85,000,000,000,000 per month, and C shall be paid in installments by 3,000,000 won per month, and in case of arrears for more than three months, E shall pay the principal of KRW 185,30,00 per month, and E shall withdraw all of the instant cases (hereinafter “instant first agreement”).
C. Although E withdraws a lawsuit against C in accordance with the instant first agreement, the said court did not withdraw the lawsuit against the Plaintiff, and on March 21, 2006, rendered a ruling that “Defendant A (E) jointly and severally with Defendant C shall pay to the Plaintiff (E) an amount of KRW 50 million and an amount of KRW 3% per month from December 1, 2003 to the date of full payment” (hereinafter “instant ruling”), and the said ruling became final and conclusive.
C, F, and E made an agreement on February 7, 2006 with the following contents (hereinafter “instant second agreement”).
Article 1 (Purpose) C is confirmed to have the obligation to pay 185,300,000 won to E.
Article 2 (Period and Method of Performance) C shall be KRW 3 million on the 20th day of each month from February 1, 2006 to February 28, 201, and KRW 23 million on March 20, 201.