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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a company with the purpose of purchasing non-performing loans and managing and recovering the assets of the purchase claim. The defendant A is the wife of the non-party C, and the defendant B is the infant of the defendant A.
B. On April 9, 2010, the non-party C Co., Ltd. filed a loan claim against C, the debtor, the Seoul Central District Court 2009Da431417, and received a favorable judgment from the Seoul Central District Court 2009Da431417, which held that “C shall pay 103,720,547 won to the Korea C Co., Ltd. and 100,000,000 won with interest rate of 14% per annum from October 29, 2009 to the date of full payment.” The above judgment became final and conclusive around that time.
C. On January 2, 2015, the Plaintiff received the above loan claim against Nonparty VPP loan Co., Ltd., and filed an application for payment order with the Gwangju District Court for payment order. On April 28, 2015, the Plaintiff received a payment order order (the Gwangju District Court 2015j.6434 transfer money) stating that “C shall pay to the Plaintiff damages for delay at the rate of 20% per annum from April 28, 2015 to the full payment rate of KRW 227,112,581 as well as KRW 10,00,00 among them, from April 28, 2015 to the full payment rate of KRW 20% per annum.” The above decision was finalized on May 15, 2015.
On June 24, 2003, Defendant A purchased a part of the shares in the 2,438,00,000, and completed the registration of ownership transfer on September 17, 2003, from the above D on January 6, 2004, the remainder of the shares in the 101-146 of the 1,00,000 won of the 1,438,00,000 won of the underground floor of the 147-166, Nam-gu, Incheon Metropolitan City, which is a building of “F” from D and E (hereinafter referred to as “the instant raina building”). The Defendant completed the registration of ownership transfer on January 15, 2004, purchasing from the above D the remainder of the shares in the 53,00,000,000 won of the 1,00 won of the 1,004.
E. On July 1, 2008, Defendant B leased the lease deposit amount of KRW 270,00,00 with respect to the I Apartment 803 Dong 804, Gangnam-gu, Seoul (hereinafter “instant I Apartment”) between H on July 1, 2008, and on July 27, 2010, between J and the new owner of the instant I Apartment.