beta
Text
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Defendant stated the purport that “the Plaintiff borrowed 25 million won from the Defendant on July 5, 2009 and on July 5, 2009, with the interest rate of 2.5 copies per month.” The Plaintiff’s name is written in the obligor column and the seal imprint is affixed to the obligor column, and the Defendant holds a certificate of borrowing money dated December 5, 2008 (hereinafter “the first loan certificate of this case”).
B. In addition, the Defendant stated that “foreign D shall borrow KRW 10 million from the Plaintiff until February 23, 201, and the agreed person shall pay the loan money on the 15th day of each month after the deposit of the loan.” The Defendant holds a loan certificate dated February 22, 2010 where D’s signature and seal is affixed on the debtor’s column, and the Plaintiff’s signature and seal is affixed on the joint and several surety column (hereinafter “the second loan certificate”).
C. Around 2013, the Defendant applied for a payment order against the Plaintiff with the following content:
(Ulsan District Court 2013j. 9845). The above court issued a payment order upon the defendant's request on December 16, 2013, and the above payment order was finalized.
(2) Around December 5, 2008, the Defendant agreed to pay the Plaintiff interest rate of KRW 25 million on and around December 5, 2008. Around February 22, 2010, the Defendant provided a loan to D with KRW 10 million on and around February 22, 2010, and the Plaintiff jointly provided a joint guarantee. The Defendant agreed to pay the Plaintiff interest rate of KRW 12% per annum from November 23, 201. However, the Defendant did not pay the Plaintiff the principal amount of KRW 18 million and interest rate of KRW 18 million from November 2013. Accordingly, the Defendant is obligated to pay the Plaintiff the annual interest rate of KRW 12% from October 29, 2013 to the delivery date of the authentic copy of the payment order, and damages for delay calculated at the rate of 20% per annum per annum.”
D. The Plaintiff married with D around December 2005, but divorced around March 2012.