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1. Compulsory execution based on the payment order (No. 2015j. 21) issued by the Defendant against the Plaintiff is either KRW 26,130,000 and one of them.
Reasons
1. Basic facts
A. The Plaintiff as a party had leased a restaurant building from around 2009 to June 2014 to operate the restaurant.
B. The Plaintiff’s each loan certificate No. 1) On September 15, 2009, the Plaintiff issued a loan certificate with the principal amounting to KRW 6 million, interest rate of KRW 1.5% per month, and due date for payment as of September 14, 2010 (hereinafter “the first loan certificate”).
2) On November 2, 2012, the Plaintiff drawn up a loan certificate of KRW 15 million, interest KRW 200,000 per month, and due date for payment as of October 2014 (hereinafter “second loan certificate”) and issued to the Defendant.
3) On June 12, 2014, the Plaintiff: (a) the principal amount of KRW 1,1130,000 for the Defendant; (b) the interest rate of KRW 2% per month; and (c) the due date for payment determined as of June 12, 2014 (hereinafter “third-party certificate”).
(3) On January 12, 2015, the Defendant, upon which the payment order against the Plaintiff was finalized, filed an application with the Plaintiff for a payment order claiming the payment of the loan under this Court No. 2015 tea21. On January 12, 2015, this court issued an order to the Plaintiff for the payment of the loan of KRW 32,130,000 and KRW 6,00,000 per annum from September 16, 2009 to the date of full payment, with respect to KRW 18% per annum from September 16, 2009 to the date of full payment, with respect to KRW 16% per annum from November 3, 2012 to KRW 11,130,000 per annum from June 13, 2014 to the date of full payment, and thus the Plaintiff did not issue the above order to the Plaintiff for the payment of the loan of KRW 24% per annum from the payment order to the date of full payment.
D. The Defendant’s compulsory execution, etc. 1) On June 3, 2016, based on the instant payment order, the Defendant filed an application for compulsory auction with respect to the remaining-gu land and its ground buildings (hereinafter “C real estate”) at the time of distribution under the Plaintiff’s name, and rendered a decision to commence compulsory auction as Daegu District Court Port Branch D on June 3, 2016.
2. As to the instant payment order, the Plaintiff applied for the suspension of compulsory execution according to the above judgment by the court 2016Kao17.