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Reasons
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(영문) 광주지방법원 목포지원 2018.07.11 2018가단976
청구이의
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. On February 23, 2001, the Defendant: (a) received promissory notes in the face value of KRW 20 million from D, which had operated C Co., Ltd.; and (b) lent KRW 20 million to D with its operating capital; and (c) lent KRW 20 million to D.

(hereinafter “instant loan”). At the time, the Plaintiff jointly and severally guaranteed the Defendant’s debt of the instant loan.

B. On April 5, 2011, the Defendant applied for a payment order against the Plaintiff for the payment of the instant loan under this Court No. 201j651, the Defendant received a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant 20 million won and the amount calculated at the rate of 5% per annum from February 23, 2002 to April 12, 2011, and 20% per annum from the next day to the date of full payment” (hereinafter “instant payment order”). The said payment order was finalized on April 27, 2011.

C. D, from April 28, 2003 to May 6, 2009, almost 200,000 won each month from around 28, 2009 to the Defendant’s account (However, deposit of KRW 100,000 in July 2003, and KRW 400,000 in May 2004), paid a total of KRW 13.7 million each month from June 30, 2014 to March 10, 2017, and thereafter, paid a total of KRW 5.8 million to the Defendant (= KRW 200,000 in KRW 19.5 million in total (= KRW 13.7 million in case of July 2003, and KRW 4,00 in case of May 204).

[Grounds for Recognition: Facts without dispute, Gap 1-3 evidence, Eul 1 evidence, the purport of the whole pleadings]

2. Determination:

A. The plaintiff asserted that D's compulsory execution against the principal amounting to KRW 19.5 million shall be denied, since D's repayment of principal amounting to KRW 20 million to the defendant, the compulsory execution against the principal amounting to KRW 19.5 million during the compulsory execution based on the instant payment order shall be denied.

In regard to this, the Defendant asserted that the instant amount of KRW 19.5 million was not paid as the principal of the instant loan but received as the interest.

B. The interest on the instant loan between the Defendant and D is examined.

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