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(영문) 서울중앙지방법원 2018.04.10 2017가단5132321
청구이의
Text

1. The Defendant’s order based on the payment order issued on June 8, 2017 by the Seoul Central District Court (Seoul Central District Court).

Reasons

1. Basic facts

A. A. On October 13, 2011, B Co., Ltd. (hereinafter “B”) entered into an agreement with Samsung Card Co., Ltd. (hereinafter “Tsung”) and borrowed KRW 15 million from Samsung Card, and the Plaintiff jointly and severally guaranteed the loan obligations.

B. PSS Co., Ltd. (hereinafter “SS”) paid a total of KRW 8,760,000,000 to Samsung Card four times until December 31, 2013, out of the principal and interest of the loans that B is obligated to repay.

After that, around April 2017, PPS transferred to the defendant a claim equivalent to KRW 8.760,000 and damages for delay that the PPS held against the plaintiff, a joint and several surety of B, according to the foregoing substitute payment.

C. The Defendant filed an application against the Plaintiff for a payment order claiming the acquisition money as Seoul Central District Court 2017 tea24601.

However, as indicated in the separate sheet, the cause of the claim is as follows: “The claim for the principal and interest (including delay damages; hereinafter the same shall apply) of KRW 8,760,000, which was loaned to the Plaintiff upon entering into a loan transaction agreement with the Plaintiff on October 13, 201, was transferred to S.C.; and P.C. again transferred the above claim to the Defendant, the Plaintiff was obligated to pay the Defendant the amount equivalent to the above principal and interest of KRW 13,278,00,000 as of June 8, 201, and accordingly, the Defendant claimed for payment of the principal and interest of KRW 8,760,000 as of the principal and interest of KRW 13,278,00,000

On June 8, 2017, the above court accepted the above application and issued a payment order (hereinafter “payment order”) ordering the payment of money sought by the Defendant, which was served on the Defendant on the 14th day of the same month and became final and conclusive on the 29th day of the same month.

[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 1 to 5, the purport of the whole pleadings

2. The plaintiff did not establish the above basic facts sub-paragraph (c) which the defendant used as the cause of the claim for the payment order of this case. Thus, the execution of the payment order of this case is enforceable.

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