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1. The Defendant’s payment order based on the loan payment order in Seoul Central District Court 2013 tea 41636 against the Plaintiff.
Reasons
1. Facts without dispute;
A. The Defendant lent total of KRW 30,000,000 to the Plaintiff on July 4, 2008, including KRW 10,000,000 on July 7, 2008, and KRW 30,000,000 (hereinafter “instant loan”).
B. On June 10, 2013, the Defendant filed a payment order with the Seoul Central District Court (Seoul Central District Court 2013 tea41636) to seek the payment of the instant loan, and on June 19, 2013, the Defendant received the payment order from the above court that “the Plaintiff shall pay to the Defendant the amount equivalent to KRW 27,971,506 and the annual interest rate of KRW 24% from May 22, 2012 to the date of full payment (hereinafter “instant payment order”). The said payment order was served on the Plaintiff on June 28, 2013, and became final and conclusive on July 13, 2013.
C. Meanwhile, on May 21, 2012, the Plaintiff repaid KRW 30,000,000 to the Defendant as the instant loan.
2. The parties' assertion
A. The Plaintiff asserts that, since all of the instant loans were repaid, compulsory execution based on the instant payment order should be denied.
B. As to this, the Defendant asserted that the instant loan still remains, on the Plaintiff’s request, by borrowing KRW 30,000,000 from C as interest rate of KRW 2% per month, and again setting the same as interest rate of KRW 2% per month to the Plaintiff.
3. Therefore, according to the overall purport of the statements and arguments as to whether the Defendant lent the instant loan to the Plaintiff at 2% per month as interest rate, as to whether or not the Defendant borrowed the instant loan to the Plaintiff at 30,00,000 won in total from C on July 4, 2008 at the Plaintiff’s request, the Defendant borrowed the loan from the Defendant at 2% per month as interest rate, and lent it to the Plaintiff at 30,000,000 won, including the loan amount of KRW 30,000,000,000 from July 7, 2008; and C, on March 17, 2010, by filing a lawsuit against the Defendant for the loan claim with Sungnam Branch District Court 2009Da4974, the above Defendant from the above court as of March 17, 208, 300,000 won and the loan amount of KRW 30,000,00.