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(영문) 서울중앙지방법원 2021.01.08 2019가단5216438
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiff A’s title of enforcement against Plaintiff A, its claim attachment, and collection order 1) Plaintiff A against Plaintiff A: “The Plaintiff A paid the principal and interest of Plaintiff A several times, with the interest rate of 2% per month on August 11, 2002, KRW 25,000,000, KRW 105,000 on July 29, 2003, and KRW 20,000,000 on October 9, 2003, respectively.

As the certificate of loan was drawn up, E is obligated to pay to the Plaintiff 150,000,000 won of the principal as above and the amount of delayed damages at the interest rate of 24% per annum from October 10, 2003 to the date of full payment after the last lease.

“The Seoul Central District Court filed an application for a payment order claiming the payment of loans under the Seoul Central District Court No. 2018 (1182969). On July 19, 2018, the above court issued an order to pay damages at the rate of 24% per annum from October 10, 2003 to the date of complete payment.” The above payment order was finalized on August 3, 2018 (hereinafter “instant 1 payment order”) and became final and conclusive on August 3, 2018 (hereinafter “the instant 1 payment order”). On August 23, 2018, the Plaintiff received the payment order under the title of KRW 686,621,412 as the claim amount, and received the above 1 payment order from the Seoul Central District Court No. 310 (hereinafter “Defendant No. 1”) and the aforementioned collection order from the obligor and the obligor No. 280 (hereinafter “Defendant No. 2”) to the amount of the instant bonds and the Defendant No. 10 (hereinafter “Defendant”).

B. Plaintiff B’s title of enforcement against Plaintiff B, seizure and collection order 1) Plaintiff B against Party B, and Plaintiff B lent money to Party B on several occasions after lending KRW 100 million on July 28, 2003, and received a partial repayment and received a partial payment, and made a monetary consumption loan transaction. Party B extended KRW 234,000,000 on December 20, 207 to Party B with interest at 2% per month after the settlement of principal and interest, and on December 31, 2009.

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