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(영문) 춘천지방법원원주지원 2019.05.16 2018가단305184
청구이의
Text

1. The Defendant’s loan payment order issued on April 26, 2012 against the Plaintiff at the court of this Court (No. 20196).

Reasons

1. Facts of recognition;

A. The Plaintiff borrowed each of the above money of KRW 60,000,000 from the Defendant on October 15, 2009, KRW 20,000 on November 6, 2009, KRW 3,000,000 on December 9, 2009, KRW 7,000,000 on December 16, 2009, and KRW 60,000 on December 30, 209 (hereinafter “each of the above money”) with interest rate of KRW 80,00,000 on December 30, 209 and KRW 60,000 on December 30, 209 without the due date.

B. On December 30, 2009, the Plaintiff issued to the Defendant a certificate of loan worth KRW 60,000,000 in total with the existing loan borrowed. The said certificate of loan stated that “The said certificate of loan was stated as follows: “The time set at 8% per month is to be paid to the creditor’s account on the 15th day of each month; when the payment of interest is in arrears once again, the debtor loses the benefit of the time, and the creditor agrees to pay without objection even if the principal and interest (the delayed interest is calculated by adding up interest to the principal) is claimed.”

C. The Plaintiff paid to the Defendant the sum of KRW 700,00 on October 23, 2009, KRW 800,000 on November 18, 2009, KRW 3,200,000 on January 4, 2010, KRW 10,000 on February 4, 2010, KRW 4,80,000 on February 26, 2010, KRW 30,000 on August 12, 200, KRW 30,000 on August 12, 200, KRW 30,000 on April 25, 201, KRW 15,000 on July 4, 200, KRW 100 on each of the instant refunds, KRW 10,00 on August 17, 201, KRW 30 on May 20, 2015.

The Defendant filed an order against the Plaintiff for payment seeking payment of the sum of principal and interest under the above paragraph (a) as the Court No. 20012 tea196, Apr. 26, 2012, this Court issued a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant the amount of KRW 69,080,271 and the amount of KRW 60,000,000 per annum from June 16, 201 to the date of full payment” (hereinafter “instant payment order”). The Plaintiff did not object to the payment order on April 30, 2012 because it received the original copy of the above payment order from the Plaintiff and did not object to the payment order.

5. It was finalized around 15.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, and Eul 1 evidence shall include each of the items, below.

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