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(영문) 대전지방법원천안지원 2017.09.27 2016가단17770
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 4, 2007, the Plaintiff was established for the purpose of food manufacturing and selling business, etc., and C is registered as the only director of the Plaintiff.

B. On December 30, 2015, a certificate of borrowing (Evidence 2-1 of the Evidence A) was drawn up with the purport that the Plaintiff borrowed KRW 150 million from the Defendant on June 30, 2016 at the due date set as one copy of the interest rate per month.

In addition, on June 7, 2016, the Plaintiff drafted a certificate of borrowing that the Plaintiff borrowed KRW 47 million from the Defendant, including KRW 30 million and KRW 17 million on June 8, 2016, on September 7, 2016, and on January 1, 2016, one copy of the interest rate per month (Evidence 2-2, hereinafter “each of the above certificates of borrowing”).

C. On December 30, 2015, the Defendant deposited KRW 150 million with the Plaintiff’s account.

The Defendant deposited KRW 30 million in the Plaintiff’s account on June 7, 2016, and KRW 17 million on June 8, 2016, respectively. D.

On October 31, 2016, the Defendant filed an application with the Plaintiff for a payment order seeking the payment of loans based on each of the instant loan certificates with the Daejeon District Court Decision 2016Ra817, the ASEAN Branch Court of 2016.

On November 1, 2016, the above court issued an order for payment (hereinafter “instant order for payment”) stating that “the Plaintiff shall pay KRW 150 million to the Defendant and the amount equivalent to KRW 30 million from December 30, 2015, KRW 17 million from June 7, 2016, KRW 17 million from June 8, 2016 to the service date of the original copy of each payment order from June 8, 2016, KRW 12% per annum, and KRW 15% per annum from the next day to the day of full payment.”

On November 3, 2016, D, an employee of the Plaintiff, received the original copy of the instant payment order in Busan City E, the seat of the Plaintiff, and the instant payment order became final and conclusive on November 18, 2016.

E. On December 12, 2016, the Defendant, with the title of execution, received a seizure and collection order regarding the Plaintiff’s deposit, etc. against the new bank as the Daejeon District Court Branch of Daejeon District Court (2016TTTT7899).

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