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(영문) 서울중앙지방법원 2018.04.10 2017가단98464

청구이의 소

Text

1. The Defendant’s payment order against the Plaintiff is the final and conclusive payment order of the Seoul Central District Court 2015 tea7339.

Reasons

1. Facts of recognition;

A. On October 24, 1996, the Defendant’s bond acquisition B entered into a loan agreement of KRW 60 million with the Chungcheong Bank, and the Plaintiff jointly and severally guaranteed the above loan obligation.

The claim for the above loan of the Chungcheong Bank Co., Ltd. was divided into non-performing loans, and around April 1998, the Korea Assets Management Corporation (Korea Assets Management Corporation), the KDIF Investment Fund Co., Ltd., and around May 2002, it was assigned in succession to the cccosastastamm Co., Ltd. (hereinafter referred to as the “ccostam”) to the Korea Asset Management Corporation on February 18, 201, and on September 18, 2012, the above claim was transferred to the Defendant (the balance 22,547,170 won and interest separate).

B. On January 18, 2005, Daejeon District Court Decision 2004Kadan52825 against B and the Plaintiff filed a lawsuit for the takeover of money with the camping C and the Plaintiff around 2004. On January 18, 2005, the judgment of the court below was rendered in favor of the entire judgment of the judgment of the court below that “B and the Plaintiff jointly and severally pay to Camp C and the Plaintiff delay damages for delay from July 21, 1997 to the day of complete payment” with respect to KRW 31,111,042 and KRW 22,547,170 as to KRW 22,547,170.

(C) On February 15, 2005, the judgment of the court below (hereinafter “the judgment of the court below”).

(1) On March 31, 2015, the Defendant, who acquired the claim against the Plaintiff, filed an application for the payment order for the transfer money under the Seoul Central District Court 2015 tea7739 (Seoul Central District Court). Accordingly, on April 10, 2015, “B and the Plaintiff jointly and severally paid to the Defendant the amount of KRW 106,613,086 and KRW 2,547,170 per annum from March 10, 2015 to the date of full payment” (hereinafter “instant payment order”).

(2) The Plaintiff did not object to the above payment order, and the payment order against the Plaintiff became final and conclusive as is. On the other hand, with respect to B, which is the debtor, it was transferred to the Seoul Central District Court for litigation proceedings, and also, in the case of the acquisition amount by transfer, it is service by publication against B.