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1. The Defendant’s payment order issued on January 15, 2018 in Seoul Central District Court 2018Hu915632 against the Plaintiff.
Reasons
On April 21, 2016, the Plaintiff and the Defendant entered into an Lao Loan Agreement with the maturity of 60 months, monthly rent of 2,758,000 won, and the maturity of May 5, 2021. On January 20, 2017, the Plaintiff and the Defendant entered into a consumer credit loan agreement with the ceiling of 15,000,000 won, repayment period of 12 months, interest rate of 21%, and overdue interest rate of 27.9%.
On January 15, 2018, the Defendant received an order to pay the Plaintiff the amount calculated at the rate of 27.9% per annum from January 11, 2018 to the date of full payment as to KRW 5,686,215 as well as KRW 5,350,720 as to the above consumer credit loan agreement claim. The above order was finalized on February 6, 2018.
[Ground: The plaintiff asserts that there is no dispute, Gap 1, Eul 6-1, Eul 6-2, Eul 9-1, and Eul 2] The plaintiff paid 6,00,000 won to the defendant on April 13, 2018, and all obligations under the above payment order have been extinguished.
Comprehensively taking account of the overall purport of the arguments in the statements in Gap 2, Eul 1, 7, and 8, the plaintiff prepared a written confirmation that around March 23, 2018, the defendant will deposit all arrears under the above Oto Lease Agreements and Consumer Credit Loan Agreements with the defendant until April 13, 2018. The plaintiff deposited KRW 3,00,000 and KRW 6,000 to the defendant on April 13, 2018, and the defendant treated this as deposit in accordance with Oto Lease Agreements (Therefore, the argument that the above KRW 6,00,000 upon the premise that the debt is repaid in accordance with the payment order is not accepted). Meanwhile, as of December 4, 2018 due to the plaintiff's repayment and the defendant's compulsory execution, the remaining amount under the above Consumer Credit Loan Agreements as of December 4, 2018 is recognized as the principal amount,75,179, 79, 2005, 306, 3754, 2005
Therefore, the part of the compulsory execution based on the above payment order which exceeds the above remaining amount is rejected.