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(영문) 창원지방법원밀양지원 2016.12.09 2016가합10031
청구이의
Text

1. The Defendant’s claim for loans against the Plaintiffs was filed by Changwon District Court Decision 2013 tea 203.

Reasons

1. Basic facts

A. 1) On July 16, 2009, the Defendant loaned D totaling KRW 200,000,000,000 on August 20, 2009, and KRW 70,000,000 on September 2, 2009, and KRW 200,000,000 on June 30, 2010 (hereinafter “loan 1”).

A) Around that time, Plaintiff A and Plaintiff B, who is his father and mother, signed and sealed the cash custody certificate of the above loan debt as joint and several sureties. (2) The Defendant lent KRW 100,000,000 to D on July 17, 2009 (hereinafter “instant loan”) and around that time, Plaintiff A signed and sealed the cash custody certificate of the above loan debt as joint and several sureties.

B. 1) On June 18, 2013, the Defendant applied for a payment order against D and the Plaintiffs for the payment of the instant loan No. 1 by the Changwon District Court Decision 2013Guj203, Gun Court. On the same day, D and the Plaintiffs jointly and severally applied for payment order from July 1, 2010 to the service date of the original copy of the instant payment order, 5% per annum from July 1, 2010 to the service date of the original copy of the instant payment order, and 379,340 won per annum from the next day to the day of full payment. The payment order was served on D and the payment order became final and conclusive on July 6, 2013 (hereinafter “instant payment order”).

(2) On June 18, 2013, the Defendant applied for the payment order against D and Plaintiff A for the payment order of the instant loan No. 2 by the Changwon District Court Decision 2013Ra204, Changwon District Court Decision 2013Da204. The said court issued a payment order with the content that “D and the Plaintiff jointly and severally filed with the Defendant for the payment order of KRW 100,000,000 and the payment order of KRW 5% per annum from July 1, 2010 to the delivery date of the original copy of the instant payment order, and KRW 273,340 per annum from the next day to the day of complete payment.” The payment order was served on D on June 21, 2013, and the payment order was served on D and on July 6, 2013.

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