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(영문) 수원지방법원 안양지원 2017.04.26 2016가단111599
청구이의
Text

1. On October 17, 2012, the payment order against the Defendant was issued against the Plaintiff by Suwon District Court.

Reasons

1. On December 5, 2012, the Plaintiff borrowed KRW 100 million from C.

(2) On the same day, the Plaintiff issued a promissory note with the face value of KRW 100 million, and the due date on December 31, 201, to C. In order to secure the loan obligation, the Plaintiff created a collateral security (right to collateral security) with the amount of KRW 1,164 square meters as the mortgagee C and the maximum debt amount of KRW 100 million.

The Plaintiff repaid C KRW 16 million on January 16, 2012, and KRW 12 million on July 20, 2012.

On January 20, 2012, the Plaintiff returned KRW 14 million from the Plaintiff’s spouse E’s account to C’s account.

The fact that the above money is for the repayment of the borrowed money of this case is not a dispute between the defendant and it is recognized by C's testimony.

C received a payment order from the Plaintiff on October 17, 2012, 2012, 2012,5047 (the Plaintiff shall pay C the amount of KRW 72,00,000 and the amount of KRW 5% per annum from December 31, 201 to October 22, 2012, and the amount calculated at the rate of 20% per annum from October 31, 201 to October 22, 2012, and the amount of money calculated at the rate of 57,380 won per annum from the following day to the date of full payment, and the payment order was finalized.

(hereinafter referred to as “instant payment order”). C loaned KRW 100 million in the application for payment order, and entered KRW 16 million on January 20, 2012, KRW 16 million, and KRW 12 million on June 20, 2012, in the repayment of KRW 72 million.

The repayment slip appears to be erroneous, and the KRW 14 million on January 20, 2012 was omitted.

C On November 27, 2012, with the claim of KRW 76,625,753 based on the above payment order as the collection claim, C was issued a seizure and collection order against the Plaintiff’s credit card sales claims or deposit claims against the non-CC Card Co., Ltd., Samsung Card Co., Ltd., New Card Co., Ltd., Hyundai Card Co., Ltd, Hyundai Card Co., Ltd., Ltd.,

(G) On February 28, 2013, the Plaintiff’s District Court 2012TT 21041). C delegates to F specializing in debt collection, and delegates to G “H” restaurants located in Yangju-si operated by the Plaintiff.

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