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1. The Seoul Southern District Court case No. 2013 tea5778 was based on the payment order issued on April 22, 2013 between the Defendant and B.
Reasons
1. Basic facts
A. On April 30, 2012, the Plaintiff provided loans to Nonparty B at KRW 8 million; from April 30, 2012 to May 10, 2015; and from May 10, 2015, the interest rate (interest rate for delay) 34.8% (39%). B did not perform the obligation under the said loan agreement after March 12, 2013; thus, the Plaintiff lost its interest within the period on May 10, 2013; and the principal and interest amount to be repaid to the Plaintiff by Nonparty B is the principal amounting to KRW 6,530,915, KRW 380, KRW 380, KRW 921, KRW 427,591) (i) as of February 9, 2015.
B. On April 2, 2013, the Defendant applied for a payment order of KRW 54 million against Nonparty B on April 2, 2013, and was issued on April 22, 2013. The above payment order was finalized on May 16, 2013 (Seoul Southern District Court Decision 2013 tea578; hereinafter “instant payment order”).
(2) On May 31, 2013, the Defendant: (a) filed a claim attachment and assignment order with respect to the wage claim (the amount of seized claim KRW 54,908,402) against Dong-dong Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”) with the executive title of the said payment order finalized on May 30, 2013; and (b) received the said order on May 31, 2013 (Ycheon District Court Youngcheon District Court Youngcheon District Court Decision 2013Tchi949 case); (c) the said order became final and conclusive; and (d) the amount received by the Defendant from the Nonindicted Company until February 2015 is KRW 41,090,000.
(In addition, the defendant seems to have received all the remainders according to the above claim attachment and assignment order during the period from the date of closing argument in this case).
B Insolvent, since the time when the Defendant applied for the above payment order, B is in excess of the obligation owed to many creditors, including the Plaintiff, in a situation where there is no active property other than the above payment claim subject to the above attachment and assignment order.
B and the defendant-related B are the husband of the non-party C who is the defendant's seat.
[Judgment of the court below]