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(영문) 부산지방법원동부지원 2015.04.24 2014가단200529

양수금

Text

1. The Defendant is 17% per annum for KRW 58,871,522 and KRW 23,080,289 among the Plaintiff, from December 6, 2013 to the date of full payment.

Reasons

1. In full view of the purport of the entire pleadings as to the grounds of claim Gap's evidence Nos. 1 to 8, each financial institution has claims, such as loans, to the defendant as shown in the bond sheet, and it can be recognized that it transferred the claims to the plaintiff, and that it notified the defendant of the assignment of the claims. Thus, the defendant is liable to pay the acquisition amount to the plaintiff as

2. Judgment on the defendant's assertion

A. The defendant's assertion that in order to purchase vehicles worth KRW 16,100,000, around October 2002, the defendant borrowed KRW 16,100,000 from Hyundai Capital Co., Ltd. (hereinafter "Modern Capital") as collateral. After that, although Hyundai Capital Capital left the due date of installment payment for the above loan, it would hinder the defendant's exercise of the defendant's property right by provisional seizure of the apartment and commercial buildings of the main complex building, and around 2005, it claimed that the above vehicle sold the above vehicle by auction and repaid the above loan and there is no claim for Hyundai Capital among the claims listed in the bond sheet in the attached Form.

B. Although the judgment of the defendant's assertion that Hyundai Capital was issued a provisional seizure order on October 19, 2004 by taking account of the health stand, Eul's evidence No. 1 as to the provisional seizure of Hyundai Capital among the defendant's assertions, it is not sufficient to recognize that Hyundai Capital was issued an unjust provisional seizure to the defendant, and there is no other evidence to prove otherwise.

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 9 (including the paper number) and No. 10 as to the defendant's ground for repayment, the defendant borrowed KRW 16,100,000 from Hyundai Capital Capital with the automobile purchase fund around October 2002, and Hyundai Capital, around 2005, applied for the auction of the rent of the car (Kaone, B, 2002) as collateral for the above loan to Busan District Court's Dong Branch branch branch of Busan District Court for the auction on July 21, 2006. < Amended by Presidential Decree No. 19820, Jul. 21, 2006>