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(영문) 창원지방법원 2020.07.09 2020가합50518
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was issued on January 6, 2017 by the Changwon District Court, Kimhae-si Court, 2016 tea 2516.

Reasons

1. Basic facts

A. Defendant, D Co., Ltd. (established on July 15, 1998 for the purpose of aggregate extraction business, and dissolved pursuant to Article 520-2(1) of the Commercial Act on December 1, 2014, and was ordered to complete liquidation pursuant to Article 520-2(4) of the Commercial Act on December 1, 2017; hereinafter “non-party company”), Plaintiff, E, and F borrowed money from Defendant 490 million won on December 28, 2005 without interest (hereinafter “Non-Party Company”) and concluded a notarial deed with Non-party 200 million won on December 31, 2006, KRW 700 million on loan, KRW 300 million on loan, KRW 700 million on loan, KRW 500 million on loan, KRW 300 million on loan, KRW 700,000 on March 31, 207, KRW 2007.375 billion on loan.

B. On December 30, 2016, the Defendant filed an application for payment order against the Plaintiff, E, and F, a joint and several surety with the Nonparty Company, with the Changwon District Court Decision 2016j2516, Kim Young-si, Kim Jong-si, 2016, seeking payment of the loan amount of KRW 490 million, and damages for delay.

Accordingly, on January 6, 2017, the above court issued a payment order stating that "the non-party company, the plaintiff, the E, and F jointly and severally pay to the defendant 490 million won with 15% interest per annum from the day following the delivery of the original copy of the instant payment order to the day of complete payment (hereinafter "the instant payment order"). The part against the plaintiff was served with the above payment order on February 13, 2017 and the plaintiff did not raise an objection within 2 weeks, and became final and conclusive around that time due to the non-party company, the part against the non-party company, the E, and the E were invalidated as litigation proceedings (this court 2017Da5999, hereinafter "prior lawsuit").

C. In the preceding lawsuit, this Court held that the company outside the lawsuit on May 3, 2018, E, and F, jointly and severally, the Defendant KRW 130 million.

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