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Reasons
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(영문) 창원지방법원 2020.08.13 2019가단119568
청구이의
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1. The defendant's authentication against the plaintiff is based on No. 151 No. 151 of the Money Loan Agreement, No. 151 of 2014.

Reasons

1. Basic facts

A. On March 7, 2014, the Defendant lent KRW 50,000,00 to E, and received installment payments of KRW 3,000,000 ( KRW 2,000,000 per month for the last month) from April 30, 2014 to August 30, 2015. However, if the debtor delays the repayment of principal and interest, he/she would be paid an additional payment of KRW 24% per annum (hereinafter “instant loan”), and the Plaintiff jointly and severally guaranteed the Defendant’s debt related to the instant loan.

B. As to the instant loans and the Plaintiff’s above joint and several sureties on the same day, the Defendant, E, and the Plaintiff drafted a notarial deed of a monetary loan agreement No. 151 of 2014, No. 151

(hereinafter referred to as “instant authentic deed”). C.

From May 1, 2014 to December 3, 2014, KRW 3,000, total of KRW 24,000,000 paid with respect to the instant loan, however, the amount of KRW 3,00,000 was paid in installments on December 30, 2014, and there was a delay from January 1, 2015.

The date of delay shall be arranged on January 1, 2015, according to the defendant's assertion. D.

After that, the Plaintiff paid the following money to the Defendant from March 4, 2015 to May 18, 2020 for the repayment of the principal and interest of the instant loan:

: 3,000,000 on March 4, 2015;

4.0 3,000,000

5.12.3,000,000

6.10 3,00,000 won;

7.10.3,000,000

8. 21. 3,00,000 won, 438,343 won on December 16, 12, and 12.1,50,000 won on January 12, 2016;

3.18.800,000 won;

7. 5.1,00,000 won, 400,000 won on February 4, 11.2, 11.9.10,000 won on September 1, 11, 100,000 won on November 30, 190, 500 won on December 30, 12.30,000 won, and 50,000 won on February 1, 2017;

3.2.50,000 won;

4.3.50,000 won;

6. 5.5. 500,000 won, 300,000 won on January 5, 2018, and 600,000 won on May 18, 2020 (deposit for Performance) [Grounds for Recognition] A, 1, 9, and 5 respectively, and the purport of the whole pleadings;

2. The summary of the Plaintiff’s assertion (1) amount of the instant loan reaches KRW 49,538,343,00,000,000 additionally paid to the Defendant, and KRW 1,50,000,00,000, which was additionally paid to the Defendant.

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