(영문) 대구지방법원 2019.06.27 2018나321017

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(영문) 대구지방법원 2019.06.27 2018나321017

청구이의

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1.The judgment of the first instance shall be modified as follows:

Daegu District Court 2004Guj32842.

Reasons

1. Basic facts

A. The Defendant borrowed 13 million won to the Plaintiff on June 18, 2003 by the Daegu District Court 2004Guj32842, the Defendant filed an application for the payment order with the above court on August 2, 2004 for the payment order claiming that the Plaintiff lent 13 million won to the Plaintiff on June 18, 2003, and received the payment order with the content of 20% per annum from the day after the original copy of the payment order was served to the Defendant on the day of complete payment (hereinafter “instant payment order”).

The instant payment order was served on the Plaintiff on August 20, 2004, and became final and conclusive on September 4, 2004.

B. On August 1, 2014, the Defendant filed an application with the Plaintiff for a payment order with the Daegu District Court No. 2014Ka6181 for the interruption of extinctive prescription of the foregoing loan claim, but upon the Plaintiff’s filing of objection, the said case was brought to the Daegu District Court No. 2014Kadan5159 (hereinafter “first-related lawsuit”). On August 9, 2016, the said lawsuit was concluded as the withdrawal of the lawsuit on the ground that the Defendant was absent on two occasions at the date for pleading. C. The Defendant again filed a loan suit against the Plaintiff under the Daegu District Court No. 2016Ga52402 (hereinafter “second-related lawsuit”).

On the other hand, on April 13, 2005, the Plaintiff’s Dong C drafted to the Defendant a letter of payment (hereinafter “instant letter of payment”).

The letter of payment in this case was signed by D as a joint and several surety.

The above amount is KRW 10,00,000,000 per day, which is the amount that the plaintiff borrowed from the defendant and that C shall be liable for the interest of KRW 20,000 per annum and the withdrawal of the plaintiff's complaint when C withdraws a criminal complaint against the plaintiff and fails to comply with the due date for repayment by April 20, 2005.

The credit obligations between the Defendant and C out of the letter of commitment.

유사 판례

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-부산지방법원 2017.01.25 2015가단63424

-서울중앙지방법원 2018.12.06 2018가단17271