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(영문) 서울서부지방법원 2016.01.22 2015가단32687
청구이의
Text

1. Compulsory execution against the plaintiff by the defendant based on the payment order of Seoul Western District Court 2009j 11683 is KRW 956,623.

Reasons

1. Basic facts

A. The Korea Credit Management Loan Co., Ltd. (hereinafter “Korea Credit Management Loan”) received a payment order (hereinafter “instant payment order”) from the Plaintiff with the content that “the debtor (the plaintiff) shall pay 1,587,290 won to the creditor (the creditor) and damages for delay calculated at the rate of 20% per annum from the day following the delivery of the payment order to the day of full payment” (hereinafter “the instant payment order”). The above payment order was finalized on November 16, 2009 on December 1, 2009, after the delivery to the Plaintiff on November 16, 2009.

B. On March 22, 2010, the Plaintiff paid KRW 255,020 as compulsory execution expenses to the Korea Credit Management Loan.

C. On May 10, 2010, Korea Credit Management Loans transferred the Plaintiff’s claims to the Defendant, and notified the Plaintiff of the assignment of claims on June 14, 2010.

On February 14, 2011, the Defendant issued a seizure and collection order of the instant payment order under the 201 Gwangju District Court Gwangju District Court 201TTTTT 763, and issued a seizure and collection order of the instant payment order under the 201TT 3264, May 25, 201, and on September 10, 201, issued a seizure and collection order of the claim under the 201TT 201T 3264, respectively.

E. On March 30, 2011, the Defendant collected KRW 1,010,041 from the new bank based on the claim seizure and collection order (Seoul District Court Branch Decision 2011TY 763). On February 15, 2012, the Defendant collected KRW 38,273 from the Microfinance Foundation based on the claim seizure and collection order (No. 201TY).

[Grounds for Recognition: Evidence Nos. 1 through 4, Evidence Nos. 1 through 5 (including each number for documentary evidence Nos. 1 to 5), the purport of the whole pleadings]

2. Determination as to the cause of action

A. The plaintiff's assertion is that the plaintiff's expenses incurred in compulsory execution to a credit management loan on March 22, 2010.

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