beta
Text
1. The defendant's payment order against the plaintiff was issued on June 21, 2002 by the Daegu District Court of the Daegu District Court of the Republic of Korea (Seoul District Court of the Republic of Korea) for the payment order 2002 tea609.
Reasons
1. Facts of recognition;
A. On May 18, 2002, the Defendant lent KRW 4,000,00 to C on April 26, 2002 (hereinafter “instant loan”). At the time, the Plaintiff jointly and severally guaranteed the instant loan obligations. As C was unable to repay the instant loan obligations by the due date, the benefit of time was lost.
B. The Defendant received a payment order (hereinafter “instant payment order”) stating that “C and the Plaintiff jointly and severally pay to the Defendant the amount of KRW 4,00,000,000 and 25% per annum from June 28, 2002 to the date of full payment” against C and the Plaintiff, a joint and several surety, who is the debtor of the instant loan, as the Daegu District Court Decision 2002Da609, Ulsan District Court, Seoul District Court, which sought payment of the instant loan. The instant payment order was finalized on July 12, 2002 against the Plaintiff on the ground that the Plaintiff did not raise any objection within two weeks from the date of receipt of the instant payment order.
C. Based on the original copy of the instant payment order, the Defendant received on March 18, 2003, the attachment and collection order (the portion of KRW 4,000,000 was transferred to the provisional attachment following the order of provisional attachment of the claim No. 2002Kadan173, Daegu District Court, the Daegu District Court, as the Daegu District Court, 2003TTTT71, with respect to various benefits claims (such as principal salary, allowances, bonuses, etc.) which the Plaintiff possessed against the Korea Electric Power Corporation (the main salary, allowances, bonuses, etc.).
After that, the defendant was fully repaid the claims under the payment order of this case due to the participation in the distribution procedure (Seoul District Court Young District Court Youngd, etc.) in several times with respect to the plaintiff's property.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of recognition, the loans in this case and the joint and several sureties's loans are available.