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1. The payment order for the loan case against the Plaintiff by the Defendant Intervenor was issued by the Seoul Northern District Court 2017 tea151.
Reasons
1. Basic facts
A. On May 31, 2013, the Plaintiff and the Defendant (hereinafter “Defendant”) drafted a loan certificate as of May 31, 2013.
The principal amount of KRW 5,00,000 on March 21, 2012 plus KRW 5,000,000 on May 12, 2012, 2012 plus KRW 8,000,000 on June 20, 2012; KRW 5,000,000 on June 20, 2012; KRW 7,000,000 on October 23, 2012 plus KRW 30,00 on March 15, 200,00 on the principal amount of KRW 85,00,00,00 on May 31, 2013; by adding the interest rate of KRW 5,00,000 on the interest rate of KRW 85,00,00 on the loan; and by applying the Plaintiff’s personal promise to repay the Plaintiff’s interest rate of KRW 301,5,201 on May 31, 2013.
B. On March 31, 2017, the Defendant filed an application against the Plaintiff for a payment order with the Seoul Northern District Court 2017 tea1151, and on April 13, 2017, the Defendant received the payment order (hereinafter “instant payment order”) from the above court that “the Plaintiff shall pay to the Defendant 90 million won and 85 million won among them, interest rate of 12% per annum from May 31, 2013 to the date of full payment” (hereinafter “instant payment order”).
C. On July 24, 2017, the Intervenor accepting the instant payment order (hereinafter “ Intervenor”) succeeded to the Defendant’s right and received the succeeding execution clause regarding the instant payment order.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 to 3, the purport of the whole pleadings
2. The parties' assertion
A. The amount borrowed by the Plaintiff from the Defendant on May 31, 2013 is KRW 85,00,000,000, which added the interest for the said period to KRW 80,000,000, from March 21, 2012 to May 31, 2013.
Considering the amount repaid by the Plaintiff to the Defendant and the Intervenor, compulsory execution based on the instant payment order shall not be permitted for the portion exceeding KRW 32,90,000.
B. The Intervenor added KRW 5,00,000 to the Plaintiff on May 31, 2013.