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(영문) 서울중앙지방법원 2020.01.06 2018가단5219614

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 89,483,801 and the interest rate of KRW 12% per annum from May 24, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant was loaned KRW 90 million from the D Bank on December 18, 2008.

(hereinafter referred to as the "claim of this case". B.

1) On November 29, 2012, the D Bank is a limited company E (hereinafter “foreign company”).

(2) On November 30, 2012, the non-party company transferred each of the above claims against the Defendant to the Defendant on March 30, 2015. On April 17, 2015, the non-party company notified the Defendant of the fact of transfer.

C. 1) Meanwhile, on the other hand, a voluntary auction was conducted for the F apartment G in Gyeyang-gu Incheon Metropolitan Government District Court Goyang-si, the Defendant owned, and on July 26, 2013, the distribution schedule was prepared to distribute KRW 16 million to I and the non-party company KRW 218,212,478 to the non-party company. 2) The non-party company raised an objection against the distribution schedule on the date of distribution, and then filed a lawsuit of demurrer against distribution (the Korean Government High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court Decision 2013Da28905). In that lawsuit, on October 31, 2013, the court rendered a judgment to correct the distribution schedule with the content that distributes KRW 7250,000 to I and the non-party company 26,962,478 to the non-party company, and the distribution schedule was corrected on January 13, 2014.

3) Subsequent to the foregoing, the non-party company received dividends in KRW 222,183,659, which was derived from execution expenses, etc. from the dividends changed as above. Meanwhile, the dividend was appropriated for the instant loan claims after it was appropriated in preference to other claims against the defendant, and the principal of the instant loan claims remains in KRW 89,483,801. [Grounds for recognition] There is no dispute over the non-party 1, 2, and 3 (where a branch number exists, each of the items included in the number, and the purport of the entire pleadings, as a whole.

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is served with the original copy of the instant payment order sought by the plaintiff for 89,483,801 won in the balance of principal of the loan of this case and the plaintiff for this.