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(영문) 청주지방법원 2018.09.12 2017가단107469
청구이의
Text

1. The Defendant’s order for the payment of loans against the Plaintiff was issued on May 15, 2014 by Cheongju District Court Decision 2014 tea1905.

Reasons

1. Basic facts

A. On July 17, 2006, the Defendant lent KRW 97,000,00 to the Plaintiff on January 17, 2007 due date for reimbursement of KRW 48% per annum, 66% per annum, 66% per annum, and 17 October 2006 due date for reimbursement of KRW 97,00,000 to the Plaintiff.

(1) The Defendant issued a payment order (hereinafter “instant payment order”) with the content that “The Plaintiff shall pay KRW 98,00,000 to the Defendant and the Defendant shall pay KRW 73,000,000 per annum from January 18, 2007 to the date of delivery of the payment order” (hereinafter “the instant payment order”) by asserting that the Plaintiff shall pay KRW 98,00,000 to the Defendant as KRW 98,000,000, and that “the Plaintiff shall pay KRW 30,000 per annum from the following day to the date of full payment, and shall pay KRW 73,000 per annum from the next day to the date of full payment.”

The original of the payment order shall be served on the Plaintiff on May 19, 2014 and shall be served on the Plaintiff for the same year.

6.3. Finality has been established.

B. Meanwhile, on July 17, 2006, at the time of the above loan, the Plaintiff, C, and the Defendant entered into an agreement with the Plaintiff on July 17, 2006, stating that “if the Plaintiff and C fail to repay the instant loan to the Defendant by October 17, 2006, the real estate lessee shall transfer the lease deposit amount of KRW 100 million (hereinafter “the instant lease agreement”) to the Defendant, which shall be returned from the lessor D, and accordingly, the Plaintiff, the Defendant, and C, and D entered into a new lease agreement (hereinafter “instant lease agreement”).

After that, as the Plaintiff and C failed to repay the instant loan, the Defendant filed a lawsuit against D against D for the payment of KRW 100 million of the lease deposit at the court 2007Da22408, and the above court ruled in favor of the Defendant (referring to the Defendant in the instant case; hereinafter the same shall apply).

D lodged an appeal by the Daejeon High Court (Cheongju) No. 2008Na147, and on April 13, 2009, the appellate court filed an appeal by the court of appeal to the defendant 75,000,000 won until April 30, 2009.

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