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(영문) 수원지방법원안양지원 2016.09.22 2015가단19801
손해배상(기)
Text

1. The Defendant’s KRW 25,00,000 as well as 5% per annum from July 15, 2012 to November 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant asserted that he lent KRW 50 million to C on August 28, 2006, and filed an application for provisional attachment with the claim for the above loan, and received a provisional attachment order with the Suwon District Court Decision 201Kadan2733 on August 24, 201 with respect to the foregoing loan claim No. 101-dong 803 (hereinafter “instant real property”), which was owned by Pyeongtaek-si District Court, and the provisional attachment registration was completed on the same day. On the same day, on August 25, 2011, the Defendant filed an application for a payment order with the Suwon District Court 201Da776 on August 25, 201, stating that “C shall pay interest or delay damages from the payment order from August 29, 2006 to the Defendant and the payment order was issued (hereinafter “instant bond”).

B. On July 15, 2012, a contract entered into between the Plaintiff and the Defendant to transfer the instant claim to the Defendant C (hereinafter “instant contract”) with the purport of transferring the instant claim to the Defendant, and the details of the instant contract were arranged as follows.

Article 6 (Termination of Contract) The transferor of a claim shall pay the principal and interest accrued from the transferred claim to the transferee of the claim, in cases where the debtor files an application for objection to a distribution by asserting the existence of the obligation, the extinctive prescription, etc. in the distribution procedure following the auction of real estate, and a lawsuit of demurrer to a distribution, or in cases where the transferee of

Article 9 Lawsuits on the claim of this case shall be filed with the court having jurisdiction over the domicile of the assignee of the claim.

No civil or criminal liability shall be imposed on any gain or loss that may arise after the transfer of claims between the Parties.

C. On July 15, 2012, the Plaintiff’s wife-Nam transferred KRW 25 million to the account in the Defendant’s name.

On October 2, 2012, the Plaintiff had been forced to commence the auction procedure after receiving the decision to commence the auction on the instant real estate from Suwon District Court F to Sejong District Court.

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