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The Daejeon District Court (Seoul District Court), August 20, 2019, enforced enforcement against the plaintiff on the basis of the payment order of the defendant 2019Guj13636.
Reasons
1. Basic facts
A. On September 11, 2009, the Plaintiff, the Defendant, and C drafted a “D Investment Agreement” (hereinafter “instant Agreement”).
The main contents of the instant agreement were “The Defendant invested KRW 100 million in D operated by the Plaintiff’s children with business expenses, etc., and C created a real estate security to ensure that the Defendant and C jointly assume and clarify the total amount of the investment money.”
(hereinafter referred to as the “agreement between the Plaintiff, the Defendant, and the C, based on the instant agreement”. B.
C On September 11, 2009, according to the instant agreement, on September 11, 2009, the establishment registration of the neighboring mortgage on the land and the ground buildings Daejeon E-gu, Daejeon, the maximum debt amount of which was 100 million.
C. Around August 3, 2011, the Defendant drafted an agreement with C.
The content of the above written agreement is that the defendant paid C KRW 350 million to C, and C and F Co., Ltd. (C is the representative director) are responsible for paying the principal and interest of KRW 350 million.
C from October 9, 2009 to September 2013, 2013, paid to the Defendant money of KRW 500,000 to KRW 3 million per month.
On October 10, 2013, the Defendant sent to C a postal item stating that loans amounting to KRW 450 million shall be repaid, and the Defendant urged C to pay the loans by text messages, etc.
E. When the Defendant filed an application for a loan payment order with the Plaintiff, C, and F, the Defendant asserted that the Defendant lent KRW 100 million to the Plaintiff and C on September 11, 2009, and that the Defendant lent KRW 350 million to C and F on August 3, 201.
This Court issued a payment order stating that the Plaintiff, “as of August 20, 2019,” jointly and severally with C, shall pay to the Defendant KRW 100,000,000,000 to the Plaintiff, jointly and severally with C, and jointly with C, KRW 350,000,000,000,000, and each of the above amounts shall be 7.9% per annum from October 1, 2013 to the service date of the original copy of the above payment order, and 12% per annum from the next day to the day