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(영문) 제주지방법원 2016.05.13 2015가단4572
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff on February 11, 2015 based on the payment order 2015 tea 253 dated February 11, 2015.

Reasons

On June 21, 2007, B, the husband of the Plaintiff, was loaned KRW 25,000,000 as a family emergency loan from Aju Capital Co., Ltd. on a yearly interest rate of 18%, and the loan period of 48 months on a monthly equal installment basis.

(hereinafter “instant loan”). B did not pay a monthly installment at once, thereby losing the benefit of time. On December 1, 2013, B failed to pay the 52,521,940 won in total, including the balance of the outstanding principal as of December 1, 2013, and the accrued interest 31,369,573 won.

On November 27, 2013, Aju Capital Co., Ltd. transferred a loan claim to the Defendant by December 1, 2013, and sent a notice of assignment to B on January 8, 2014.

On January 14, 2014, the notice was delivered to B’s residence, and it is confirmed that the Plaintiff received it.

On January 26, 2015, the Defendant applied for the payment order of KRW 52,521,940 against B and the Plaintiff as Jeju District Court 2015 tea253.

On February 11, 2015, the above court ordered payment.

(hereinafter “instant payment order”). The above payment order was served on February 16, 2015 at the Plaintiff’s domicile. The Plaintiff’s husband B received payment order for himself/herself, and the Plaintiff’s spouse’s spouse’s status was also issued the payment order for the Plaintiff.

The above payment order was finalized on March 3, 2015.

Based on the above payment order on March 17, 2015, the defendant applied for a compulsory auction against the E Apartment No. 105 of the 1st, 5th, 105 (hereinafter “the apartment of this case”) on three lots outside D, Jeju District Court C, the plaintiff owned.

On March 18, 2015, the above court rendered a decision to commence compulsory auction.

Meanwhile, on March 18, 2015, the Defendant received a seizure and collection order against the Plaintiff’s deposit claim against the Plaintiff’s financial institution as Jeju District Court 2015TTT1589. On March 26, 2015, the Defendant collected KRW 20,006,046 of the Plaintiff’s deposit from the Plaintiff’s Deposit Depository Account.

[Reasons for Recognition] A’s 1-4, A’s 2-4, A’s 10-1, 2, and 11-1, 2, and 11.

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