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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The occurrence and transfer of loan claims to the Plaintiff by the Aju Mutual Savings and Finance Company (1) The Aju Mutual Savings and Finance Company (hereinafter “Aju Mutual Savings and Finance Company”)
(2) On August 16, 1994, the Plaintiff lent KRW 70,000,00 to the Plaintiff on August 16, 1999 as the due date set at the rate of 16.5% per annum. On the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage amount of KRW 91,00,000 for the Busan Suwon-gu C’s land and the second floor thereof, owned by the Plaintiff. (2) On September 24, 1996, the Plaintiff repaid KRW 1,046,873 to the Asian Mutual Savings and Finance Company, and the balance of the loan principal of the Asia Mutual and Finance Company was KRW 68,953,127.
3) After the plaintiff's delay in the repayment of the claim of this case and lost the benefit of time. On March 9, 1996, Aju Mutual Savings and Finance Company filed an application for voluntary auction with D in this court concerning the above real estate and received a decision to commence auction from the above court on March 9, 1996. On March 1, 1996, E who is the first priority in the above auction procedure, 50,386,423 won was paid to E who is the second priority in 18,386,423 won was paid to Aju Mutual Savings and Finance Company, the distribution schedule was drawn up on April 25, 1997, which was the first priority in this court 97da9607, which was the first priority in this court 9607, which was the first priority in this court 9607 won, and the decision of the court below was changed to 360,000 won after returning the amount of dividends to Busan Mutual Savings and Finance Company and it was remanded to 306360,408.
5) On June 30, 200, Aju Mutual Savings and Finance Company received KRW 74,893,287 in total as dividend deposits, interest, etc. based on the above final judgment. 6) Thereafter, the claims against the Plaintiff by Aju Mutual Savings and Finance Company were assigned in sequential order as follows. The fact of transferring the claims to the Plaintiff at each time of transferring the claims was notified by mail verifying the contents.