beta
Text
1. The Defendant’s Daegu District Court, Youngcheon-si Court, 2018 tea 116, which held the effect of the Defendant’s claim against the Plaintiff.
Reasons
1. Basic facts
A. On April 16, 2010, the Defendant remitted KRW 100 million to the Plaintiff’s account, a fraudulent person.
B. The Defendant issued a payment order against the Plaintiff (hereinafter “instant payment order”) on May 17, 2018, stating that “The Defendant shall pay 15% interest per annum from the day after the delivery of the authentic copy of the payment order to the Plaintiff and the day of complete payment” (hereinafter “instant payment order”).
1. The creditor (the defendant) has the fact that on April 16, 2010, KRW 100 million was transferred to the debtor's account in the debtor's name at the request of the debtor (the plaintiff) and lent it.
2. However, the debtor did not properly perform the payment of KRW 85 million out of the above KRW 100 million and failed to pay the above KRW 15 million, and thus, the creditor demanded payment several times (hereinafter referred to as the "influence").
C. On May 24, 2018, the original copy of the instant payment order was served by C, the spouse of the Plaintiff, at the Plaintiff’s domicile, and was finalized on June 8, 2018.
The Plaintiff and C are currently pending a judicial divorce lawsuit (Supplementary Family Court 2018Ddan213381). The Plaintiff and C filed a lawsuit against the Defendant, D (the mother of the Defendant) and C (here his/her female student) seeking the payment of loans under the Daegu District Court 2018Gadan15335, but the judgment against the Plaintiff was rendered on February 21, 2019, and the said judgment became final and conclusive as it is.
[Ground of recognition] Facts without dispute, Gap evidence 1, 8, Eul evidence 1, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff alleged that the Plaintiff borrowed KRW 100 million from the Defendant, but thereafter, the Plaintiff transferred KRW 340,90,000 from the account in the name of the Plaintiff and the account in the name of E used by the Plaintiff to the Defendant’s account or the Defendant’s designated account, and the above KRW 100,000,000,00 won loan obligations were all repaid, and thus, the enforcement based on the original copy of the instant payment order
As to this, the defendant.