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(영문) 제주지방법원서귀포시법원 2016.09.28 2016가단17
청구이의
Text

1. The Defendant’s order for payment for the loan case No. 2014 subparag. 8 against the Plaintiff was issued.

Reasons

1. Basic facts

A. On March 10, 2003, the defendant set the repayment period of KRW 10 million to the plaintiff on June 20, 2003 and lent it to the plaintiff on June 20, 2003.

(C) The Plaintiff’s above debt against the Defendant was jointly and severally guaranteed. (B)

As the plaintiff did not repay the above debt, on June 23, 2003, the defendant filed an application with the plaintiff and the defendant for a payment order for the above loan with the Jeju District Court Seopo-si court (hereinafter "Spopopo-si court") 2003Kapo-si court No. 1192. On August 21, 2003, 2003, the plaintiff and the defendant continued to raise an objection to the plaintiff, conciliation was concluded between the plaintiff and C, and the plaintiff jointly and severally paid 6,00,000 won to the defendant until September 30, 2003, and if the plaintiff and C agreed to pay the unpaid amount, 20% per annum from the next day to the day of complete payment."

(C) The Defendant’s above claim against the Plaintiff (hereinafter “instant claim”).

According to the above protocol, the defendant applied for a compulsory auction for corporeal movables owned by the plaintiff as Jeju District Court 2003No2485, Feb. 17, 2004, and received 298,560 won from the above auction procedure to pay damages for delay from October 1, 2003 to December 31, 2003.

On October 25, 2007, the Defendant transferred the instant bonds to D on October 25, 2007, notified the Plaintiff of the next day, and notified the Plaintiff of the assignment of the instant bonds.

E. On January 13, 2014, the Defendant filed an application with the Plaintiff for a payment order seeking payment of the instant claim with the Seopoposi Court 2014Ra8, and the said payment order was served on the Plaintiff on January 16, 2014, and became final and conclusive on February 4, 2014.

(F) On December 15, 2015, the Defendant applied for a compulsory auction of real estate No. 101, the F building No. 101, the Plaintiff owned by the Plaintiff to Jeju District Court E upon the instant payment order, and the auction procedure is currently underway.

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