청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
A. The National Agricultural Cooperative Federation (hereinafter “CF”) filed an application with the Plaintiff for a payment order with the Suwon District Court No. 2006 tea9309 for credit card use price.
On August 31, 2006, the above court issued a payment order (hereinafter "the payment order of this case") that "the plaintiff shall pay 8,850,179 won to Nonghyup and 2,953,173 won with interest of 25% per annum from August 22, 2006 to the date of full payment." The payment order of this case was finalized on September 20, 2006.
B. On September 26, 2008, Nonghyup transferred to the Defendant a claim based on the instant payment order against the Plaintiff, and notified the Plaintiff of the assignment of the claim on April 26, 2016.
On the other hand, the Defendant filed an application with the Suwon District Court for a payment order claiming the payment of the above amount with the Plaintiff as Suwon District Court No. 201638, Oct. 24, 2012, the said court issued a payment order to the Defendant that “the Plaintiff shall pay the Plaintiff KRW 13,260,91 and any delay damages for KRW 2,953,173 among them,” and the above payment order became final and conclusive around that time.
C. On the other hand, on August 31, 2006, agricultural cooperatives received a provisional attachment decision on the size of 9322m2, C forest land 29256m2, D forest land 23802m2 and completed the provisional attachment registration on September 4, 2006.
(2) On October 20, 2016, the provisional seizure of this case (hereinafter “the provisional seizure of this case”). After the provisional seizure of this case, the Gwangju District Court E real estate auction case (hereinafter “the voluntary auction procedure of this case”) commenced regarding each of the above lands, and the Defendant made a demand for distribution under the payment order of this case, and the said court distributed KRW 16,360,542 to the Defendant on October 20, 2016
On the other hand, on October 19, 2016, the Defendant obtained the succession execution clause concerning the instant payment order, and received the said dividend around October 20, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 6 (including branch numbers, if any) and the whole pleadings.