청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) loaned KRW 2,273,235 to the Plaintiff on September 3, 2007, with a limit of KRW 2 million, KRW 10 million per annum, interest rate of arrears rate of KRW 65.7% per annum, and June 30, 2009 as of June 30, 2009.
(hereinafter “instant loan claim”). (b)
The instant loan claims were transferred (hereinafter “the first transfer”) to D Co., Ltd. (hereinafter “D”) on December 27, 2012, and C notified the Plaintiff of the said transfer by content-certified mail on January 10, 2013. C thereafter, the instant loan claims were transferred to the Defendant on September 11, 2017 (hereinafter “the second transfer”), and the Defendant notified the Plaintiff of the said transfer by content-certified mail on behalf of D on October 10, 2017.
On the other hand, on August 8, 2011, C filed a lawsuit against the Plaintiff with the Seoul Central District Court Decision 2011Da1983581, which sought the payment of loans, and received a favorable judgment on November 8, 2011, and the said judgment became final and conclusive on December 16, 2011.
E. Moreover, on June 15, 2017, D applied for a payment order as Seoul Central District Court Decision 2017Da260831, and received a payment order on June 16, 2017, and the said payment order was finalized on July 19, 2017.
F. On January 22, 2020, the Defendant applied for a payment order against the Plaintiff as Seoul Southern District Court Decision 2020 tea103744, and on January 22, 2020, issued a payment order with the purport that “the Plaintiff shall pay to the Defendant 12,273,933 won and 2,273,235 won, whichever is calculated at the rate of 48.545% per annum from January 21, 2020 to the date of complete payment (hereinafter “instant payment order”), and the said payment order was finalized as it was due to the Plaintiff’s failure to raise an objection within the objection period.
G. On the original copy of the instant payment order, the Defendant received the claim attachment and collection order from the Seoul Southern District Court 2020 other bonds 10425 from the Seoul Southern District Court. On March 19, 2020, the Defendant received KRW 3,105,520 from the F Bank.