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(영문) 부산지방법원 2014.09.19 2013가단55153
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was issued on January 9, 2013 by the Busan District Court (2013j380).

Reasons

1. The Defendant, upon which the payment order was finalized, received the payment order (hereinafter “instant payment order”) from the Busan District Court on January 9, 2013, as the Busan District Court 2013 tea380, with the Defendant jointly and severally with C, with the Defendant at the rate of KRW 51.5 million and the interest rate of KRW 20% per annum from the day following the delivery of the original copy of the payment order to the day of full payment. This was finalized on February 6, 2013.

The cause of the claim for the instant payment order is KRW 5 million on April 20, 2011 to the Plaintiff and C, and the same year.

4. 28.10 million won, per year;

5.20.14 million won, and the same year.

6. 20.15 million won, per year;

8. 23. 7.5 million won, total of 5,15 million won, was lent.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. Of the amount recognized in the instant payment order, KRW 1 million on April 15, 201, and KRW 4 million on April 25, 2011, the cause for requesting the instant payment order indicated as April 20, 201, the date of payment of KRW 5 million on April 20, 201. However, in light of the respective descriptions of KRW 1 and 3, it appears that five million was paid on April 15, 201 and February 25, 201, as alleged by the Plaintiff, as alleged by the Plaintiff;

The sum of KRW 15 million on April 28, 201 (hereinafter “the instant loan”) is not the amount borrowed by the Plaintiff.

B. The Plaintiff’s repayment period of KRW 36.5 million borrowed from the Defendant has not yet arrived.

C. The Plaintiff partially repaid the borrowed amount.

In other words, 6,716,190 won has been paid through cash transfer, 980,000 won, 1910,000 won, and 6,793,810 won (36.5 million won - 9980,000 won - 1,910,000 won - 6,716,190 won) of the defendant's Busan District Court's Busan District Court's 201,00 won has been paid through the seizure and collection order.

(However, the plaintiff did not correct the purport of the claim). 3.

A. On April 201, 201, in the case of a final and conclusive payment order with respect to the loan debt, the cause for the claim for the payment order was the same.

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