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1.(a)
A debt repayment contract concluded on September 24, 2009 between the Defendant and B, a debt repayment contract concluded on September 2, 2010, and a debt repayment contract concluded on September 2, 2011.
Reasons
1. Basic facts
A. B, on July 27, 2007, upon receiving a loan from the Korean Teachers’ Credit Union as a livelihood stabilization fund, concluded an insurance contract for livelihood stabilization fund guarantee with the Plaintiff between the Plaintiff and the period of insurance coverage of KRW 41,415,500, and the period of insurance from July 27, 2007 to August 25, 2009.
B. Upon the occurrence of an insured event where B did not repay the above loans properly, the Korean Teachers' Credit Union claimed for the payment of insurance money to the Plaintiff, and the Plaintiff paid KRW 37,753,690 to the Korean Teachers' Credit Union on August 13, 2008 based on the said contract for the stabilization of livelihood security fund.
C. On August 30, 2012, the Plaintiff filed a lawsuit seeking reimbursement against B with the Gwangju District Court Decision 201Ga22674, and rendered a favorable judgment that “Defendant B (B) shall pay to the Plaintiff the amount of KRW 48,762,839 and KRW 30,732,382, the amount of KRW 15% per annum from April 26, 2011 to August 2, 2012, and KRW 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive at that time.
On the other hand, on March 26, 2009, the defendant lent 9.5 million won to B on August 26, 2009 with interest rate of 2.4% per annum, but was paid 2.5 million won per principal. On September 24, 2009, B entered into an agreement with the defendant on September 24, 2009 to pay the above loan balance of KRW 7 million up to the above payment due date (hereinafter "first debt repayment agreement of this case"), but written and delivered a notarial deed to the effect that the notary public approves compulsory execution (No. 2688 of the 2009 deed of this case) if not repaid.
In addition, by October 26, 2009, the Defendant lent a total of KRW 30 million to B as of January 26, 2010 and interest rate of KRW 30% per annum. On September 2, 2010, B entered into an agreement with the Defendant to repay the above loans of KRW 30 million to the Defendant by the due date (hereinafter “instant repayment agreement”), but consent to compulsory execution if not repaid.