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Reasons
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(영문) 부산지방법원동부지원 2016.05.18 2015가단202966
청구이의
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1. Compulsory execution against the plaintiff by the defendant against Busan District Court Branch 2012 tea 3356 is 72,909.

Reasons

1. The following facts are acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is shown in each entry in Gap evidence Nos. 3 through 9.

A. The Plaintiff joined one unit (10 million won per old unit) around 2009 and two units (10 million won per old unit) around 2010 in the number system that the Defendant was the owner of the vessel.

The Plaintiff received a total of KRW 30 million from the Defendant, and did not pay the Defendant a monthly amount to be paid to the Defendant. The Plaintiff paid a total of KRW 22,200,000 from May 22, 2009 to January 1, 201.

B. On May 27, 2011, the Plaintiff arranged the existing debt amount of KRW 60 million against the Defendant at the Defendant’s request, and additionally borrows KRW 20 million from the Defendant, and the Plaintiff prepares and delivers a loan certificate stating that “the amount of KRW 80 million shall be set at 24% per annum and interest shall be borrowed from the Defendant” (hereinafter “the loan certificate of this case”) to the Defendant. Meanwhile, as security for the above loan amount of KRW 80 million, the Plaintiff completed the registration of the establishment of the mortgage of KRW 167 square meters in Busan-gun, Busan-gun, and its ground building (hereinafter “the first real estate”) with the maximum debt amount of KRW 10 million in the amount of KRW 20 million in the amount of KRW 10 million in the amount of KRW 20 million in the amount of KRW 30,000,000,0000 in the amount of KRW 20,000 in the amount of KRW 30,000,00.

C. On September 14, 2012, the Defendant filed a payment order against the Plaintiff to the effect that “the Plaintiff would pay the Defendant the amount of KRW 80,000,000 and the amount calculated at the rate of 24% per annum from May 28, 2011 to the date of full payment” (hereinafter “instant payment order”), and the said payment order is an objection against the Plaintiff.

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