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(영문) 대구지방법원상주지원 2014.06.25 2013가단4103
청구이의
Text

1. On April 26, 2010, the Daegu District Court rendered resident support to the Plaintiff at the Daegu District Court and issued a payment order on April 26, 2010.

Reasons

1. Facts of recognition;

A. The Plaintiff borrowed money from E from around 2001 to December 19, 2005, and the Plaintiff and E drafted a loan certificate stating that the Plaintiff borrowed KRW 150 million from E on a monthly interest rate and December 31, 2006 (hereinafter “the loan certificate of this case”).

(B) The loan stated in the loan certificate of this case (hereinafter “instant loan”).

On April 11, 2008, the Plaintiff agreed to repay KRW 30 million to E and agreed to repay the principal of the instant loan to E. Accordingly, on April 14, 2008, the Plaintiff and E drafted a debt certificate stating that the balance of the debt that the Plaintiff is obligated to repay to the Defendant as of April 14, 2008 (hereinafter “instant debt certificate”).

Since then, the Plaintiff repaid E with each of the above amounts of KRW 60 million on November 30, 2008, and KRW 15 million on January 21, 2010, and the Plaintiff and E agreed to repay each of the above amounts to the principal of the instant loan.

C. Thereafter, on April 21, 2010, E applied for a payment order against the Plaintiff for the balance of the instant loan and interest in arrears at the Daegu District Court Decision 2010Ra140, 2010, and on April 26, 2010, the Plaintiff received the payment order at the rate of 24% per annum from December 19, 2005 to April 14, 2008, the amount of KRW 120 million at the rate of 24% per annum from April 15, 2008 to November 29, 2008 (the Plaintiff received the payment order at the rate of 24% per annum from April 15, 2008 to 2014% per annum from November 30, 2008, the amount of KRW 60 million to KRW 200,000 per annum from 204% per annum 201 to 201.24% per annum.

On the other hand, regarding F land and above ground buildings owned by the Plaintiff, the creditor E, the maximum debt amount of 45 million won on July 19, 2007.

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