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1. The Defendant’s payment order for the loan case No. 2014j1581 against the Plaintiff is issued.
Reasons
1. Basic facts
A. On January 1, 2001, the Plaintiff borrowed KRW 31 million from the Defendant. On October 7, 2001, the Plaintiff borrowed KRW 25 million from the Defendant. There was no agreement on the interest at that time.
From June 26, 2006 to October 25, 2010, the Plaintiff repaid a total of KRW 46.6 million to the Defendant.
B. On May 21, 2014, the Defendant received a payment order (hereinafter “instant payment order”) from the Plaintiff, stating that “The Plaintiff is 55,840,000 won from November 1, 2010 to the service date of the original copy of the payment order from the date of service of the original copy of the payment order, 5% per annum, and 20% per annum from the next day to the date of full payment.” The above payment order was served on the Plaintiff on June 30, 2014, and became final and conclusive around that time.
C. The Defendant received an execution clause on the instant payment order, and collected KRW 20,507,979,000 from December 2, 2014 to January 2016, upon receiving a seizure and collection order on the Plaintiff’s benefit claim against C Cooperatives.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 8 (including branch numbers in the case of additional number), Eul evidence Nos. 1 through 4, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that, as the loan of this case is a debt with no interest agreement and due date, the plaintiff's voluntary repayment and the defendant's debt collection are extinguished, compulsory execution based on the above payment order should not be denied. 2) The defendant asserts that, although there was no interest agreement between the parties on the loan of this case, the interest rate of 5% per annum pursuant to Article 379 of the Civil Code shall be applied, and that there is no interest rate of 5% per annum pursuant to Article 479 (1) of the Civil Code shall be appropriated in the order of appropriation of debt under Article 479 (1) of the Civil Code, there is still a balance of principal.
B. A final and conclusive payment order.