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(영문) 서울중앙지방법원 2019.10.18 2019가단5029917

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 3, 2002, the Plaintiff was granted a loan of KRW 3 million from C Co., Ltd. (hereinafter “C”) on June 3, 2002 as of June 3, 2007 upon the expiration of the lending period.

(hereinafter referred to as the “instant claim”) b.

D Co., Ltd. (hereinafter referred to as “D”) transferred the instant claim to E Co., Ltd. (hereinafter referred to as “E”) on March 30, 2007, and “the primary assignment of claim”

, for the same year

4.12. The trade name was changed to F Co., Ltd. (hereinafter “F”).

The F merged C on August 31, 2007, and the F changed its trade name into G Co., Ltd. on January 7, 2008 and H Co., Ltd on December 22, 2009.

C. On May 3, 2011, E filed an application with the Plaintiff for a payment order for the instant claim, and the same year.

5.9. The plaintiff received the payment order from E that "the plaintiff shall pay 2,98,256 won and 48.54% interest per annum from July 2, 2003 to the date of full payment." The payment order is the same year.

6.3.Final:

(Seoul Central District Court 201j 37219, hereinafter “Advance payment order”). E transferred the instant claim to the Defendant on February 20, 2014, and “the second assignment of the claim”; hereinafter, “the second assignment of the claim”).

On March 2014, E and the Defendant notified the Plaintiff of the instant assignment of claims 1 and 2. D.

On March 13, 2015, the Defendant filed an application with the Plaintiff for a payment order for the instant claim, and the same year.

3. 24. 24. The plaintiff received the payment order stating that "the plaintiff shall pay to the defendant 2,998,256 won and 39% interest per annum from July 3, 2003 to the date of full payment." The above payment order is the same year.

4. 21. Finality was established

(Seoul Central District Court No. 2015 tea61613, hereinafter referred to as the "instant payment order"). [Grounds for recognition] There is no dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 13, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff's assertion 1 of this case is the first one.