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(영문) 춘천지방법원 2017.02.09 2016가단5170
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Chuncheon District Court Decision 2015Gaso2574 Decided August 27, 2015.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 2-1, 2, 3, 4, 5, 6, 7, 8, 1-2, 2-2, 6-2, 7, 8, 7, 8-2, 10, 10, 11-2, 10, 10-2, 10, and 10-2, 10, and 10-2, 10, and 10-2, and 10-2, 10,000,000,000-2,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

The Plaintiff (hereinafter “A”) borrowed KRW 6,000,000 from the Defendant on October 25, 2012 (hereinafter “instant loan”). Nonparty D guaranteed the Plaintiff’s obligation to refund the instant loan to the Defendant on October 26, 2012.

B. The Plaintiff and Nonparty D filed a lawsuit jointly and severally against the Plaintiff and Nonparty D seeking interest in arrears from the day following the delivery of a copy of the instant loan amount of KRW 6,000,000 and a copy of the complaint.

C. On August 27, 2015, Chuncheon District Court Decision 2015Gaso2574, the Defendant was sentenced to the Defendant on May 14, 2015, the non-party D’s amounting to KRW 6,00,000 and its amounting to KRW 6,00,000, and the Plaintiff was jointly and severally with Non-party D and jointly with the Plaintiff for the amounting to KRW 6,00,000 and the amount equivalent to KRW 20% per annum from May 15, 2015 to the date of full payment, and the above judgment became final and conclusive around that time.

(hereinafter “instant final judgment”) D.

On November 25, 2015, Nonparty D withdrawn 4,000,000 won from the Defendant’s account, and paid 4,500,000 won to the Defendant again.

E. Nonparty D subrogated to the Defendant on November 25, 2015, the amount of KRW 4,500,000, the interest rate of KRW 2.5% per month during the 30-month period from October 25, 2012 to April 24, 2015, to the Plaintiff. As such, the Plaintiff subrogated to the Defendant on November 25, 2015.

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