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(영문) 서울중앙지방법원 2018.04.27 2017가단53393
청구이의
Text

1. The Defendant’s payment order against the Plaintiff is based on the Seoul Central District Court Decision 2017Hu195315.

Reasons

1. In fact, on May 1, 2017, the Defendant applied for a payment order against the Plaintiff to this court on May 10, 2017, and the payment order indicated in the order (hereinafter “instant payment order”) was issued on May 10, 2017, and the said payment order became final and conclusive on May 31, 2017 because the Plaintiff did not receive the notification and raise an objection.

As of April 6, 2017, the Plaintiff assumed the following obligations as of April 6, 2017, and the Defendant notified the Plaintiff of the assignment of claims by taking over the claims against the Plaintiff by each financial institution.

B

B. Therefore, the Plaintiff is obligated to pay to the Defendant 11,209,864 won and 3,682,203 won among them at the rate of 15% per annum from April 7, 2017 to the date of full payment.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s claim is null and void since the extinctive prescription has expired, and even if not, the Defendant’s acquisition of the Defendant’s claim did not consent and did not notify the Plaintiff thereof.

B. Determination 1) In full view of the purport of the pleadings in the statement No. 6-1 of the above table No. 1, the plaintiff obtained a comprehensive passbook loan from the KNFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFDDDDDDDDDDDDDDD.

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