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Reasons
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(영문) 창원지방법원 2016.09.06 2016가단2201
청구이의
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1. The original copy of the payment order with executory power in the loan case No. 2015 tea 2018 against the Defendant against the Plaintiff.

Reasons

1. Basic facts

A. On February 15, 2015, the Defendant lent KRW 3,000,000 to the Plaintiff.

B. On May 16, 2015, the Plaintiff borrowed KRW 3,300,000 from February 15, 2015, but failed to repay due to unavoidable circumstances. The Plaintiff promised to repay the amount even if any of the above amounts is made by May 22, 2015, and, if on the way, would assume civil and criminal responsibilities (hereinafter “instant payment note”), and issued it to the Defendant.

C. On September 23, 2015, the Defendant applied for a payment order against the Plaintiff on the basis of the instant payment memorandum to the court of this case, and on September 23, 2015, the Defendant issued a payment order with the content that “the Plaintiff (the Plaintiff of this case) would pay KRW 2,500,000 per annum to the creditor (the Defendant of this case) and the amount calculated at the rate of KRW 20% per annum from the day following the day when the original copy of the payment order was served to the day of complete payment, and the expenses for demand procedure.”

The instant payment order was served on November 13, 2015 on the Plaintiff, and became final and conclusive on the 28th of the same month as the Plaintiff did not raise an objection within the objection period.

On the other hand, the plaintiff from April 1, 2015 to the defendant.

9. By December 25, 200, a sum of KRW 3,230,00 (hereinafter “instant payment”) was paid by the following sequences:

The amount paid by the payment date No. 430,00 won for the transfer of the account on April 1, 2015; KRW 1,000,000 for the transfer of the account on April 21, 2015; KRW 3,230,000 for the transfer of account on July 17, 2015; KRW 500,000 for the transfer of account on July 17, 2015; KRW 300,000 for the transfer of account on September 25, 2015; KRW 3,230,00 for the transfer of account on September 25, 2015; and the purport of the entire pleadings (based on recognition); and

2. The assertion and judgment

A. The Plaintiff, who asserted by the parties, borrowed KRW 3,00,000 from the Defendant, but paid KRW 3,230,000.

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