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(영문) 서울북부지방법원 2020.10.15 2020가단115474
청구이의
Text

The defendant's order to pay the borrowed money in Seoul Northern District Court 2017j310 decided March 3, 2017 against the plaintiff is the order to pay the borrowed money.

Reasons

1. According to the purport of Gap evidence No. 1 and all pleadings, the defendant filed an application for payment order with the Seoul Northern District Court No. 2017j310 stating that "the plaintiff shall pay to the defendant 50,000,000 won and damages for delay calculated at the rate of 15% per annum from the day after the original copy of the instant payment order was served on him/her to the day of complete payment." The above payment order can be acknowledged that the original copy was served on the plaintiff on February 15, 2017 and confirmed on March 3, 2017 (hereinafter "the instant payment order").

2. The parties' assertion and judgment

A. 1) The plaintiff's assertion 1) The payment order of this case is the cause for the defendant's claim against C, which was the plaintiff's husband. Since the plaintiff did not bear the defendant's obligation of KRW 50,000,000, the execution force of the payment order of this case should be excluded. 2) The defendant's assertion that the defendant lent the above KRW 50,000 to the plaintiff and C, and the plaintiff is liable for the repayment of the above money.

B. According to the overall purport of each of the statements and arguments as to Gap evidence Nos. 1, 3, and 6, the defendant filed a lawsuit against the plaintiff at the District Court of the Republic of Korea by asserting that "the plaintiff borrowed KRW 50,000,000 as well as the above 50,000,000 as stated in the above receipt from the defendant, and that "I will receive the above amount regularly from the defendant" prepared on November 28, 2013 by the defendant as evidence at the time of the above court application for the payment order of this case." The defendant is obligated to pay the above 50,00,000,000 won from the defendant as stated in the above receipt, and the plaintiff is obligated to pay the above 50,00,000 won to the defendant." The above court of the Republic of Korea (Korean District Court Decision 2017Na3285) is obtained by deceptive money from the defendant, not from the defendant.

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