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1. The Defendant’s loans to the Plaintiff on December 2, 2012, Busan District Court Branch of Dong Branch of the District Court (201j 4427).
Reasons
1. Facts of recognition;
A. On September 10, 2005, the Defendant made a loan to the Plaintiff with a 10 million won interest rate of 1% (100,000 won) on September 10, 2005. 2) On May 22, 2008, the Plaintiff drafted a cash custody certificate (No. 3) stating that “the Plaintiff is in custody of 10 million won, and on May 30, 2009, keeps custody of 10 million won.”
B. The Defendant’s payment order 1) The Defendant did not repay the principal of the above loan, and did not pay interest after the first half of the year 201. On December 1, 2011, the Plaintiff and the Plaintiff’s ASEAN (as the guarantor on the certificate of cash custody) are written on December 1, 201.
(2) On December 2, 2011, the court issued a payment order stating that “the Plaintiff and C shall jointly and severally pay to the Defendant the amount of KRW 10 million per annum from September 14, 2005 to the delivery date of the instant payment order, 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment” (hereinafter “instant payment order”).
3) On December 5, 2011, the instant payment order was sent to the Plaintiff and C’s address as “Yong-gu D apartment 104 Dong-dong 1503 Dong-gu, Busan, 1503 Dong-gu, and received E on December 7, 201 as his/her domicile and residence (the Plaintiff’s spouse and C’s spouse). On December 20, 2011, C filed an objection to the instant payment order on December 20, 201, and C was performed as litigation as Busan District Court Branch Branch Branch 2012Ga453, and on May 16, 2012, the said court rendered a judgment dismissing the Plaintiff’s claim on the grounds that there was no evidence to acknowledge that C jointly and severally guaranteed the Plaintiff’s debt owed to the Defendant. The said judgment became final and conclusive on June 8, 2012.
5) On December 21, 2017, the Plaintiff was issued the original copy of the instant payment order by the said court. [The Plaintiff did not have any dispute over the grounds for recognition, A’s evidence Nos. 2 and 3, and B.