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1. The Defendant’s payment order against the Plaintiff was based on the Seoul Western District Court Decision 2013 tea6255.
Reasons
1. Facts of recognition;
A. On May 30, 201, the Defendant lent KRW 42,281,200,200, totaling KRW 11,281,200,000 for vehicle purchase deposit on January 13, 2012, and KRW 10,000 for vehicle purchase payment on January 18, 201, and KRW 5,00,000 for vehicle purchase on January 19, 201, and KRW 11,281,20 for vehicle shipment expenses on March 16, 201, to the Plaintiff.
B. The Defendant purchased three village buses from the Plaintiff, and settled the loan claims with the payment for the bus purchase price and the loan repayment for the capital company, and was paid 12,729,702 won for the remaining loan amounting to the difference on May 7, 2012, which was reduced by the Defendant on September 30, 2012, the interest rate of 12,70,000 won was set at 1.5% per month (190,000 won per month) until September 30, 2012.
C. The Defendant did not pay 12,700,000 won of the above loan until the above due date. On October 29, 2012, the Defendant again 12,700,000 won from the Defendant shall be paid on March 30, 2013, and the interest rate shall be set at 1% per month, and if the above money is not paid by the due date, the Defendant prepared and issued a certificate of borrowing that it will refund 1,00,000 won per month.
The Defendant filed an application for a payment order against the Plaintiff for a loan claim with Seoul Western District Court Decision 2013 tea6255. On September 6, 2013, the Defendant received the payment order (hereinafter “instant payment order”) from the above court, stating that “12,700,000 won from May 1, 2013 to the delivery date of the original copy of the payment order to the creditor (the Defendant of this case) and 12% per annum from May 1, 2013 to the delivery date of the original copy of the payment order, and that “the amount calculated at the rate of 182,200 won per annum from the next day to the date of complete payment, and the expenses for demand procedure will be paid at the rate of 182,200 won” (hereinafter “instant payment order”). The said payment order was finalized on October 1, 2013.
E. On August 31, 2015, the Defendant issued a seizure and collection order as Seoul Eastern District Court 2015TTT8081 upon the instant payment order, and collected KRW 8,844,140 from the Village Bus Transport Business Association, which is the garnishee of Seoul Metropolitan Government.
Grounds for recognition: B. 1.