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(영문) 대전지방법원천안지원 2020.07.08 2020가단1352
청구이의
Text

1. The payment order issued on January 27, 2016 for the Defendant’s loan to the Plaintiff at Daejeon District Court Branch 2016 tea 5.

Reasons

1. Facts of recognition;

A. The Defendant respectively lent KRW 10,000,000 to the Plaintiff around October 12, 2007, ② around November 26, 2007, KRW 10,000,000 to the Plaintiff, and ③ around November 10, 2009, respectively.

(hereinafter the above loans collectively referred to as “instant loans”). B.

On January 5, 2016, the Defendant filed an application with the Plaintiff for a payment order claiming payment of KRW 30,000,000 per annum from the day after the original copy of the payment order was served to the day of complete payment.

(S) On January 27, 2016, the court ordered the Plaintiff to pay the amount of money and to pay the amount of money KRW 42,400 to the Plaintiff. On March 21, 2016, the payment order was served on the Plaintiff on March 21, 2016 and finalized on April 5, 2016.

C. On November 22, 2018, the Defendant transferred to C the instant loans and the instant loans worth KRW 40,000,000,000, in total, around May 16, 2014, and notified the Plaintiff on December 7, 2018 by content-certified mail, and the said notification reached the Plaintiff on December 11, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff transferred the claim against D, E, F, and G to C. On January 18, 2019, C prepared a letter of commitment to substitute for the repayment of the claim amounting to KRW 30,000,000,000 that the Defendant acquired from the Plaintiff.

Accordingly, G pays 7,00,000 won to C, etc., the Plaintiff’s debtor pays 7,000,000 won to C, etc.

Therefore, compulsory execution based on the above payment order should not be allowed.

B. In full view of the purport of the entire pleadings as to the claim assignment claim Nos. 5 and 6, the Plaintiff transferred the claim KRW 44,148,000 in total to C around December 26, 2018, and the claim KRW 30,00,000 that the Plaintiff transferred to the Plaintiff by the Defendant around January 18, 2019.

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