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1. Compulsory execution against the defendant's plaintiff on the payment order of Daejeon District Court 2016 tea8264 was made on 35.
Reasons
Basic Facts
The Defendant’s payment order 1) B loaned the Plaintiff KRW 70 million to the end of 2012 (hereinafter “instant loan”).
(2) On November 8, 2016, B transferred the instant loan claim to the Plaintiff to the Defendant, and around November 14, 2016, the Defendant applied for a payment order against the Plaintiff as Daejeon District Court Decision 2016Guj8264, and the said court issued a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant 70 million won and the amount calculated at the rate of 15% per annum from the day following the delivery of the original copy of the payment order to the day of full payment.” The original copy of the instant payment order was served to the Plaintiff on December 13, 2016, and the instant payment order became final and conclusive on December 28, 2016.
1) The Daejeon District Court 2016Kadan17481, Inc. (the trade name before the change was referred to as “Co., Ltd. D”) filed a claim for collection against the Plaintiff by LiberM Co., Ltd. (hereinafter referred to as “LSM”), as the Daejeon District Court 2016Ra17481.
hereinafter referred to as “C”
(C) On October 10, 2016, in a case where the Plaintiff filed a claim for the return of the business guarantee money against the Plaintiff, the conciliation was concluded that “C shall pay 30 million won to LIM.” 2) Liber attached and collected KRW 30 million out of the loan claims against the Plaintiff under the above conciliation protocol as the Daejeon District Court 2016TT13120 on November 4, 2016.
Since then, Liber filed an application with the Daejeon District Court for a payment order claiming the above collection amount of KRW 30 million and damages for delay. The above court issued a payment order on November 30, 2016, and the above payment order became final and conclusive on December 17, 2016.
3) Meanwhile, B was its representative director on June 25, 2013, which was at the time of establishment C, and was dismissed from office of the representative director on March 10, 2015. (No dispute over grounds for recognition exists.)