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(영문) 서울중앙지방법원 2021.03.11 2020가단13029
청구이의의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 29, 1995, C Co., Ltd. deposited KRW 9,00,000 with the Plaintiff’s joint and several liability with the due date set on June 29, 200 as the household stabilization fund. C Co., Ltd. transferred the above loan claim to E Co., Ltd. (former trade name; FF) on May 30, 1997, and E Co., Ltd transferred the above loan claim to the Defendant on April 21, 2017, and notified the Plaintiff of each of the above transfer claims.

B. On April 2, 2004, E Co., Ltd. filed a lawsuit against the plaintiff et al. with Busan District Court Decision 2003Ga court Decision 642781, and sentenced the plaintiff et al. to jointly and severally pay to E Co., Ltd. 12,151,062 won and 5,639,082 won with interest of 25% per annum from October 10, 2003 to the date of complete payment.

(c)

E Co., Ltd. filed a lawsuit against the Plaintiff, etc. as Busan District Court Decision 2014 Ghana5715, and decided on January 27, 2014 to order the payment of debts under the final and conclusive judgment under the preceding paragraph from the above court, and the said decision became final and conclusive around that time.

(d)

The Defendant applied for a payment order against the Plaintiff as Seoul Central District Court 2017 (265427) and issued a payment order (hereinafter “instant payment order”) from the said court to June 19, 2017 to KRW 20,662,214 of the principal of the loan and interest accrued from February 27, 199 to June 19, 2017, and KRW 5,639,082 of the principal of the loan and KRW 26,301,296 of the interest accrued from February 27, 2017, and KRW 5,639,082 of the principal among them, to pay damages for delay at a rate of 20% per annum from the day following the day of delivery of the original copy of the payment order until the day of full payment (hereinafter “instant payment order”). The above order was finalized around that time.

[Reasons for Recognition] Unsatisfy, Gap 1 to 4, Eul 1 to 4, the purport of the whole pleadings

2. Assertion and determination

A. The party's assertion 1) The date the plaintiff received the loan from C is June 29, 1995 and the due date is late June 29, 200, and the defendant is the plaintiff.

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