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1. The Defendant’s payment order for the loan claim against the Plaintiff was based on the Jeonju District Court 2013 tea7151.
Reasons
1. Facts of recognition;
A. (1) No. 3 of the Loan Deed No. 1) No. C states that around September 23, 2013, the amount of KRW 30 million to the Defendant is KRW 20 million, interest 30% (payment on December 24, 2013), interest 30% (payment on December 24, 201), and overdue interest 30% to the Defendant (hereinafter “the Loan Deed No. 3”).
2) C signed and sealed the Plaintiff’s name, resident registration number, and address in the column of joint and several sureties at the bottom of the instant loan certificate.
B. On November 20, 2013, the Defendant filed an application with the Plaintiff for a payment order seeking a loan under the Jeonju District Court 2013 tea7151, the Defendant asserted that “the Defendant lent KRW 30 million to C on September 23, 2013, interest rate of KRW 30 million, and due date of payment on December 24, 2013, and that “the Plaintiff jointly and severally guaranteed the said debt.” 2) On November 25, 2013, the said court rendered a payment order under the annual rate of KRW 30 million from September 24, 2013 to the date of full payment (hereinafter “instant payment order”).
3) The Plaintiff and C did not raise an objection within two weeks from the date of receiving the instant payment order on December 2, 2013, and thus, the instant payment order became final and conclusive on December 17, 2013. (c) On July 29, 2014, the Plaintiff filed an objection against the instant payment order under the Jeonju District Court Order 2014Gadan27199, but the said court rendered a subsequent objection against the instant payment order on June 11, 2015, the said court did not deem that the delivery of the original copy of the instant payment order was lawful, and the Plaintiff could not be deemed to have complied with the objection period against the instant payment order due to any cause not attributable to the Plaintiff, and dismissed the Plaintiff’s objection as unlawful, and made a declaration of termination of the lawsuit.
2) As to this, the Plaintiff appealed as Jeonju District Court 2015Na5753, but was sentenced to the dismissal of the appeal on June 16, 2016. 3) The Plaintiff is against the said judgment.