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(영문) 대구지방법원의성지원 2019.11.27 2018가단307
청구이의
Text

1. The defendant's order for payment was based on the defendant's order for the loans 2009j411 for the Daegu District Court's Sung Branch Branch of C.

Reasons

1. Basic facts

A. On October 23, 2008, the Plaintiff filed a payment order against D, E, and C seeking payment of KRW 40,000,000 with the Daegu District Court Branch Branching D, E, and C, and interest thereon, and received payment order in accordance with the purport of the application on October 27, 2008. The above payment order was finalized on November 13, 2008. 2) In addition, on December 21, 2009, the Plaintiff filed an application with C for payment order claiming payment of KRW 100,000,000 with the same court heading4203, and interest thereon, and received payment order in accordance with the purport of the application on December 23, 2009.

The above payment order was finalized on January 12, 2010.

3) The Defendant, May 2, 2008, stating that “The payment period shall be fixed on August 10, 2008, and the interest rate of KRW 20,000,000 shall be fixed respectively in two copies per month (24%)” (hereinafter “the instant loan certificate”).

(4) The Defendant drafted the instant loan certificate, stating that “A and E have lent KRW 20,00,000 to C and E as described in the instant loan certificate, but C and E have paid only the principal amount of KRW 5,00,000 on August 10, 2008, KRW 2,000,000 on September 18, 2008, and the interest and delay damages until May 9, 2019, and have not paid the remainder of principal and delay damages.” On November 23, 2009, the Defendant filed an application against C for the payment order at the rate of KRW 13,00,000,000 and damages for delay calculated annually from May 10, 2009 to the date of full payment.”

On November 24, 2009, this Court issued a payment order in accordance with the purport of the request, and on December 11, 2009, the above payment order was finalized.

(hereinafter “instant payment order”). B.

On the other hand, the Plaintiff applied for a compulsory auction on real estate owned C on the grounds of the aforementioned finalized payment order (this Court FF and G (Dual) order on September 29, 2016).

The defendant shall appoint the instant payment order as the executive title.

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