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(영문) 서울중앙지방법원 2018.11.05 2018가단6721
청구이의의 소
Text

1. The Defendant’s payment order for the loan case against the Plaintiff A was issued on December 3, 2014 by the Seoul Central District Court 2014 tea62852.

Reasons

1. Basic facts

A. On February 26, 2014, the Defendant received a loan certificate from the Plaintiff upon the Plaintiff’s request from the Plaintiff, who was known to the Plaintiff on February 26, 2014, and determined and lent KRW 60 million as the maturity date for payment to the Plaintiff B, who was the birth of the Plaintiff, at 3% of the interest month (hereinafter “instant loan”), and received the loan certificate from the Plaintiff.

B. After the due date, the Defendant requested the Plaintiff B to repay the instant loan, and the Plaintiff B issued a cash custody certificate stating that “The aforementioned loan will be repaid by the end of October 2014,” and on November 19, 2014, the cash custody certificate stating that “the said loan will be repaid by the end of December 2014,” respectively, issued to the Defendant, and that “the said loan will be repaid by the end of December 2014.”

C. On November 24, 2014, the Defendant filed an application with the Plaintiffs for a payment order in Seoul Central District Court 2014 tea62852 based on the above loan certificate and cash custody certificate. On December 3, 2014, the said court rendered a payment order (hereinafter “instant payment order”) stating that “the Plaintiffs jointly and severally pay to the Defendant the amount of KRW 60 million and the amount calculated at the rate of KRW 30% per annum from October 27, 2014 to the date of full payment,” and the said payment order became final and conclusive on December 27, 2014.

On August 3, 2015, the Defendant received the claim attachment and collection order as to KRW 71,145,205, out of the wage claims against the Plaintiff Young Life Insurance Co., Ltd. as the title of the instant payment order, as Seoul Central District Court Decision 2015TTTT16134, and collected KRW 71,145,205, based on the foregoing claim attachment and collection order. Based on the foregoing claim attachment and collection order, the Defendant collected KRW 1,147,942, and KRW 434,523,00 on November 24, 2015, respectively.

E. After January 12, 2016, Plaintiff A paid KRW 30 million to the Defendant on January 12, 2016, stating that “A received KRW 30 million out of the total debt amount of KRW 60 million from Plaintiff A, the obligor, and the Defendant, who received KRW 30 million from the Plaintiff, shall not claim the balance of KRW 30 million.”

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