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(영문) 창원지방법원 2021.02.18 2019가합1060
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff on the payment order in the Changwon District Court 2019 (2289).

Reasons

1. Basic facts

A. On July 28, 2017, the Plaintiff’s representative C prepared and awarded to the Defendant the following instrument of borrowing (hereinafter “the instant instrument of borrowing”).

The due date for the repayment of the original amount of KRW 300,00,000 shall be determined by the due date of May 30, 2018, as follows:

2) The interest shall be set at 6 per annum and shall be paid by the 30th day of each month.

3) If the repayment of the principle is delayed, 24 percent (24%) per annum shall be paid.

(A) On July 28, 2017, the signature and seal affixed to implement the above provision. On July 28, 2017, the Plaintiff’s representative director C (the corporate director’s seal affixed to the corporate director) joint and several guarantors, and the Plaintiff’s creditor attached to

B. On July 31, 2017, C completed the registration of the establishment of the right to collateral security (hereinafter “registration of the creation of the instant right to collateral security”) with the maximum amount of KRW 200,000,000 on July 28, 2017, on the ground of the agreement to establish the right to collateral security (hereinafter “the instant real estate”) with respect to the real estate owned by himself/herself, Jinwon-si, Changwon-si, Seoul Special Metropolitan City (hereinafter “the instant real estate”).

(c)

On April 16, 2019, the Defendant filed an application with the Plaintiff for a payment order claiming the payment of loans based on the loan certificate of this case with the Changwon District Court Decision 2019 (hereinafter “the instant payment order”), and on May 21, 2019, the said court issued the payment order (hereinafter “the instant payment order”) stating that “the Plaintiff shall pay damages for delay calculated at the rate of 300,000,000 won and 6% per annum from July 28, 2017 to May 30, 2018, and 24% per annum from the next day to the date of full payment.”

The instant payment order was finalized on May 17, 2019.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, and 10, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff C borrowed KRW 200,000,000 from E for the purpose of raising the Plaintiff’s operating capital, and in this regard, he.

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