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Reasons
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(영문) 인천지방법원 2018.05.09 2017가단251129
청구이의
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1. The Defendant’s compulsory execution against the Plaintiff was made based on the payment order for the loan case.

Reasons

1. Basic facts

A. On September 13, 2010, the Defendant drafted a certificate of borrowing money (hereinafter “the instant certificate of borrowing”) with the following content from the Plaintiff and C.

Creditor: Defendant C joint and several sureties: Plaintiff

1. Principal: 3,500,000 won;

2. Date of payment: 20% per annum on November 30, 2010.

4. Time to pay interest: The fourteenth day of each month.

5. Loss of benefit of time: The obligor will lose the benefit of time and the interest in arrears shall be agreed at 30% per annum if the interest is in arrears even once.

If a creditor requests the return of the principal and interest even before the due date, the debtor shall make a repayment without objection.

The debtor borrowed the above money under the above conditions, and the joint and several sureties will guarantee the debtor's performance of the above obligation.

B. On September 17, 2010, the Defendant lent to D (Attorney E) the amount stated in the instant loan certificate to D (Attorney E) by paying the sum of KRW 3,500,000 on October 4, 2010, and KRW 3,500,000,000, around October 4, 2010.

C. On September 20, 2017, the Defendant received a payment order (hereinafter “instant payment order”) stating that “The Plaintiff shall jointly and severally with C to the Defendant for KRW 3,500,000 and/or from September 13, 2010 to November 30, 2010, calculated at the rate of 20% per annum from September 13, 2010, and 168,100 won per annum from the next day to the date of full payment.” The said payment order was served on the Plaintiff on October 10, 2017, and was finalized on October 25, 2017.

1) On April 16, 2010, the Plaintiff paid KRW 970,000 to the Defendant. 2) On September 20, 2010, the Plaintiff paid KRW 1,000,000 to the Defendant. On October 29, 2010, the Plaintiff paid KRW 1,500,000 to the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3, and 7 (including branch numbers), and the purport of the whole pleadings

2. The argument and judgment.

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