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(영문) 부산지방법원 2016.12.07 2016가합1574
청구이의 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. A. On November 13, 2002, Plaintiff C Co., Ltd. (hereinafter “C”) borrowed KRW 152 million in total from Defendant C’s representative director under the joint and several guarantee of Plaintiff C Co., Ltd. (hereinafter “C”). Plaintiff C Co., Ltd. (hereinafter “the obligation of the instant loan”). Plaintiff C Co., Ltd. (hereinafter “the obligation of the instant loan”) on May 30, 2003, including the obligation of the loan under the above paragraph (1) above, with the total amount of KRW 236.2 million (hereinafter “the obligation of the instant loan”).

) A written confirmation that there is a written confirmation (hereinafter referred to as “instant confirmation”)

B) The Defendant C received an order to pay the loan of this case at the Busan District Court 2005 tea41946, stating that “The payment order of this case for the loan of this case is finalized.” The Defendant C received an order to pay the loan of this case at the rate of 20% per annum from the next day of the service of the payment order to the day of the payment of the loan of this case to the day of the payment of the amount of KRW 152 million among them, jointly and severally with the Plaintiff A, and jointly with the Plaintiff.” The Plaintiffs did not raise any objection to the above payment order on November 28, 2005, and the above payment order was finalized on December 23, 2005.

2) Defendant C received a payment order (hereinafter “instant payment order”) stating that, for the purpose of the extension of the prescription period of the claim based on the payment order issued by Busan District Court Decision 2005Da41946, Defendant C applied for the payment order from the above court as Busan District Court Decision 2015Hu829, and that, in collaboration with Plaintiff C, Plaintiff C would pay the amount of KRW 236,200,000,000 and each amount of KRW 152,000,000 to the day of full payment from November 29, 2005 to the day of full payment, Defendant C would pay the amount calculated at the rate of KRW 20% per annum from the above court (hereinafter “instant payment order”). The above payment order was finalized on February 24, 2015 because Plaintiffs were served with the above payment order on February 6, 2015.

C. On December 21, 2015, Defendant C issued the instant payment order with respect to the acquisition of the claim by Defendant D and the grant of the succeeding execution clause.

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