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(영문) 수원지방법원성남지원 2016.08.25 2015가합207415

청구이의

Text

1. Loan, etc. between the Plaintiff A and the Defendant for the loans, etc. pertaining to the Suwon District Court Branch 201Gahap5376 dated 201

Reasons

1. Facts of recognition;

A. On April 8, 201, E and F asserted that “The Plaintiff borrowed KRW 250 million from Suwon District Court Branch Branch E and F on December 26, 2002, 200, KRW 150 million from May 30, 2003, and interest at KRW 150 million from the due date,” against the Plaintiffs on April 8, 201, and filed a lawsuit seeking payment of damages for delay from the date following the due date of repayment, whichever is later.”

(hereinafter “Loan Lawsuit”). (b)

On the other hand, on January 8, 2010, prior to the filing of a loan lawsuit, Plaintiff A and B commenced the procedure of Suwon District Court Sungnam Branch G, H (Joint) real estate auction (hereinafter “instant voluntary auction”). E and F, around May 28, 2010, upon receipt of the decision on the provisional seizure of real estate (this court 2010Kadan50812) with respect to the above real estate claim (the claimed amount of KRW 39,280,205) and filed a loan lawsuit. The creditor I raised an objection against F’s dividends from August 12, 201, to the distribution procedure of the instant voluntary auction and deposited the dividends from Suwon District Court 201Hun-Ga11Ga1906 (hereinafter “instant lawsuit of demurrer against distribution”) with respect to each of the instant real estate under the jurisdiction of the competent court 2014, 2015Hun-Ga196 (hereinafter “instant voluntary auction”).

C. On September 15, 201, when a lawsuit of demurrer against a loan and a lawsuit of demurrer against distribution was pending, a contract between E, F and the Defendant for credit transfer and takeover (hereinafter “instant contract for credit transfer”) was concluded with the following content.

The transferor of claim transfer and takeover contract: E/F transferee: The indication of claim transferred to the defendant: the amount of 400,000,000 won of the loan to be paid by the plaintiffs (the amount including 399,280,205 won of the provisional seizure of real estate (Seoul District Court 2010Kadan50812) : Provided, That the amount distributed by the transferor in the case of real estate deposit auction G (H consolidation) with Sungwon District Court Manam Branch G (H consolidation) 11,753.