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1. The defendant's order to pay the defendant's money to the plaintiff is issued on August 31, 2009 against the defendant's order of payment in the 2009j3261.
Reasons
1. Basic facts
A. On July 197, the Defendant concluded a goods transaction agreement with the Plaintiff under the joint and several guarantee of B and C, supplied goods to the Plaintiff on credit, and had a total of KRW 323,330,171 (hereinafter “instant goods purchase-price claim”) around December 1998.
B. On July 7, 1999, the Defendant filed a lawsuit against the Plaintiff, B, and C for a claim for the purchase price, etc. (only filed a claim for a part of the claim except for the claims with water guarantee, which are seen as follow-up among the claims stated in the preceding paragraph). The judgment in favor of the Plaintiff, B, and C (the Plaintiff and C jointly and severally agreed to pay the Defendant the amount of KRW 148,330,171 and the amount of money calculated at the rate of 25% per annum from May 27, 1999 to the date of full payment) became final and conclusive on August 20, 199 (hereinafter “the judgment of this case”).
C. On August 20, 2009, the Defendant sent to the Plaintiff, B, and C a certificate of content verifying the content of seeking the payment of goods. On August 21, 2009, the Defendant applied for a payment order with the District Court 2009Guj3261 (hereinafter “instant payment order”) on August 31, 2009, the Defendant received the payment order (joint and several creditors jointly and severally, to pay 128,657,458 won and damages for delay at the rate of 25% per annum from May 27, 199 to the delivery date of the payment order, and 20% per annum from the next day to the date of full payment). The payment order (hereinafter “instant payment order”) was finalized on November 5, 2009.
On October 31, 1998, the Defendant received one Promissory Notes, the endorser, the Plaintiff, the face value of 58,000,000 from the issuer for the payment of the goods of this case. When the Defendant defaulted due to non-transaction, the Defendant filed a lawsuit on March 2, 199 against D, who is the drawer, and was sentenced to a favorable judgment on July 19, 2001, and the said judgment became final and conclusive on August 17, 2001.
E. Meanwhile, the Plaintiff’s instant case.