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1. Of the judgment of the first instance, part A and B of the judgment are modified as follows. A.
Plaintiff
Of the lawsuit A, the defendant's plaintiff A.
Reasons
1. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings as follows: Gap 1 to 6, 11 to 18, 21, 24, 25, 26, Eul 5 and 6 (including the number of each branch number).
Plaintiff
B arbitrarily withdrawn and used the money from around September 2003 to April 2006 by the Defendant’s passbook in the neighbor’s passbook. As a result, summary order of KRW 5,00,000 was issued by Busan District Court Decision 2009 High Court Decision 2009Da3519, which became final and conclusive on June 6, 2009.
B. On September 20, 2007, Plaintiff B entered into an agreement with the Defendant to the effect that KRW 30,500,000, out of the amount voluntarily withdrawn by Plaintiff B (hereinafter “the instant loan”), and KRW 25,500,000 among them, shall be repaid until March 31, 2008, and KRW 5,000,000 shall be paid until December 30, 2008, and KRW 510,000 per month interest shall be paid until March 31, 2008, and the Plaintiff agreed to pay KRW 510,000 per month by March 31, 208. The Plaintiff jointly and severally guaranteed the said obligation against the Defendant of Plaintiff B on the same day.
C. As Plaintiff B did not repay the borrowed amount of this case, the Defendant applied for a payment order with Plaintiff B and A on December 15, 2009, and received payment order with Busan District Court Branch 2009Hu7647, Dec. 15, 2009. Accordingly, the Plaintiff B did not raise any objection, and the Plaintiff B did not pay the Plaintiff B the amount of KRW 30,500,000 and its delay damages and its demand procedure expenses. The payment order with Plaintiff B (hereinafter “instant payment order”) against the Defendant was finalized on January 5, 2010, while Plaintiff A raised an objection against the said payment order.
Plaintiff
In the case of the Busan District Court's Dong Branch 2010Kadan2864 which was pending by A's objection, the judgment that "the plaintiff paid to the defendant 30,500,000 won and the amount calculated by the rate of 20% per annum from December 18, 2009 to the day of complete payment" (hereinafter "the judgment of this case") was sentenced.