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1. The Defendant’s payment order was based on the payment order for the loan case against the Plaintiff at the Daegu District Court Branch 201j796.
Reasons
1. Basic facts
A. The Plaintiff’s mother C borrowed money on several occasions for a considerable period of time from the Defendant under the pretext of operating funds at a restaurant. On November 29, 2002, KRW 15 million on December 18, 2002, KRW 5 million on March 29, 2003, KRW 7 million on May 30, 2005, KRW 25 million on June 3, 2005, KRW 25 million on June 5, 2005, KRW 104 million on January 5, 2008, KRW 814 million on January 6, 2008, KRW 15 million on loan, and deliver each of the above receipts to the Defendant, respectively.
On the other hand, with respect to D Apartment Building 111 and 2, which had been owned by the Defendant until May 31, 2005, for the purpose of securing the payment of the above loan, up to May 31, 2005, C set up the maximum debt amount of D Apartment Building 111 and 2, which had been owned by the Defendant, and the debtor C and the mortgagee as the defendant. On April 29, 2009, C sold the above shop in a voluntary auction procedure, the said right to collateral was revoked, and there was no money distributed to the Defendant at the time.
B. C requested the Defendant to grant additional loans of KRW 25 million on February 2, 2009, when the Plaintiff and E (the Plaintiff’s birth as other children of C) have repaid part of the borrowed amount as stated in the above paragraph (a) and have failed to repay the principal amount equivalent to KRW 47 million. At the time, at the time, the Plaintiff and E (the Plaintiff’s birth as the Plaintiff’s birth as other children of C) agreed to pay the borrowed amount of KRW 47 million, which is the balance of the existing borrowed amount, as the borrower and the joint guarantor, as well as KRW 25 million.
C. On February 12, 2009, the Plaintiff prepared and issued a certificate of borrowing with the Defendant on February 12, 2009, stating that the Defendant will pay 47 million won of the borrowed amount, 500,000 won of the interest per month, and 1.2 million won of the interest and 5 million won per month during the five years from February 13, 2009 (hereinafter “the instant certificate of borrowing”), and the Plaintiff and E on the same day from the Defendant.