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1. The Plaintiff’s appeal against the Defendants, as well as the Defendant B’s primary claim extended and added in the trial.
Reasons
1. Facts of recognition;
A. (1) The plaintiff filed an application with the Seoul Eastern District Court for a payment order under the Seoul Eastern District Court 2007 tea5678, such as the lawsuit between the plaintiff and E, and on June 13, 2007, the above court ordered the plaintiff to pay the plaintiff 11,50,000 won with the interest of 20% per annum from the day following the delivery date of the original copy of the payment order to the day of complete payment. The above payment order was served to E on July 12, 2007 and became final and conclusive on July 27, 2007.
(B) The Plaintiff filed an application with the Seoul Eastern District Court for the payment order under the Seoul Eastern District Court 2007Ka6039. On June 27, 2007, the above court ordered the Plaintiff to pay to the Plaintiff the amount of KRW 88,500,000 with interest calculated at the rate of 20% per annum from the day following the day when the original copy of the payment order was served to the day when the payment order was delivered to the Plaintiff, and the payment order was served to E on July 20, 2007 and confirmed on August 4, 2007.
(C) Thereafter, the Plaintiff asserts that, in addition to the claims under each of the above payment orders, the Plaintiff has a loan claim of KRW 16,250,000 for E, and filed a lawsuit against E with Busan District Court 201Gahap4406, 115,510,190 as Busan District Court 201Gahap4406, and interest or delay damages thereon. The above court rejected the loan claim portion on February 10, 201 for lack of evidence to acknowledge the above payment claim portion, and with respect to the claim portion on each of the above payment orders, on the ground that E’s repayment after December 1, 2004 should be appropriated for the principal amount under an agreement with the Plaintiff, “E shall pay to the Plaintiff the amount of KRW 19,083,300 as well as the amount to be repaid at the rate of 5% per annum from May 21, 2009 to February 10, 2012.”
(d) E.