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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff borrowed money from the Defendant from July 2008 to the Defendant through pro-Japanese, and in relation to the borrowed money, the Plaintiff drafted a loan certificate as set forth in the following (2).
(2) On July 21, 2008, the Plaintiff borrowed the loan from the Defendant at the interest rate of 1.5% per annum (18% per annum) on July 21, 2008, including the loan certificate. ② On October 28, 2008, the Plaintiff borrowed KRW 100 million from the Defendant on October 28, 2008. ③ December 28, 2008, the Plaintiff borrowed KRW 40 million from the Defendant on December 28, 2008, at the interest rate of 1.5% per annum (18%) from the Defendant on December 28, 2008.
B. On November 28, 2012, the Defendant, upon which an order for payment was finalized, filed an application against the Plaintiff for the payment order for each of the above loans by this Court No. 2012 tea 4289, and on November 28, 2012, the Defendant received the payment order (hereinafter “instant payment order”) from the Defendant on July 21, 2008 for KRW 220 million and KRW 80 million among them, and from January 1, 2009 for KRW 100,000 from January 1, 2009 to the date of full payment for KRW 40,000,000 from December 28, 2008 to the date of full payment.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion is asserted as follows, and the plaintiff has rejected part of compulsory execution based on the payment order of this case.
① In other words, the amount that the Plaintiff borrowed from the Defendant is limited to KRW 80 million, and there is no amount of KRW 140 million borrowed.
② The loan certificate as to KRW 100 million and KRW 40 million is merely a fact-finding prepared by C, which managed the Plaintiff’s funds, as necessary to protect the Plaintiff’s property from the enforcement of other creditors.
③ Therefore, compulsory execution based on the instant payment order is KRW 80 million and interest thereon.