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(영문) 창원지방법원 2019.02.15 2018가단5365
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50 million and the interest rate of KRW 24% per annum from April 11, 2004 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 5, 2004, Defendant B prepared to the Plaintiff the following loan certificate (hereinafter “instant loan certificate”) and Defendant C signed the instant loan certificate as a joint and several surety.

[Attachment Deed] Principal: The due date for the principal of KRW 50 million shall be determined by April 10, 2004.

When delay of the repayment of principal and interest is made, 24% delay damages shall be paid per annum.

D) settlement of the above amount of KRW 40 million after the settlement of the documents of cancellation of provisional attachment

B. The Plaintiff filed an application with the Defendants for the payment order for the loan payment with the Changwon District Court 2008Ka956, and the above court issued the payment order on March 20, 2008, stating that “The Defendant jointly and severally paid to the Plaintiff KRW 50 million and the amount equivalent to 24% per annum from April 11, 2004 to the full payment order” (hereinafter “instant payment order”).

The instant payment order was sent to the Defendants on March 25, 2008, respectively. The Defendants did not raise any objection and became final and conclusive on April 9, 2008.

C. According to the instant payment order, the Plaintiff: (a) performed compulsory execution of corporeal movables to the Changwon District Court Seoyang Branch G; (b) Defendant C’s mother filed a lawsuit against the Plaintiff as the Changwon District Court 2014Kadan4677.

Defendant B appeared as H’s legal representative in the above civil procedure, and on June 18, 2015, the conciliation was concluded between the Plaintiff and H that “H shall pay KRW 400,000 to the Plaintiff by June 19, 2015.”

Based on the instant payment order, the Plaintiff filed an application with the Changwon District Court 2017Kao153 for an explanation of property against the Defendants. Defendant C submitted an oath, a list of property, etc. to the said court.

[Reasons for Recognition] In the absence of a dispute, each entry of Gap 1, 2, 6, 9, and 10 evidence (including partial numbers), the whole purport of the pleading (in the case of a tea certificate, the part of the stamp image of defendant C).

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