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(영문) 서울서부지방법원 2019.05.29 2018가단224241
청구이의
Text

1. The Defendant’s payment order against the Plaintiff B was issued on June 28, 2018 by the Seoul Western District Court 2018Guj39426 dated June 28, 2018.

Reasons

1. On June 28, 2018, the Defendant applied for a payment order against the Plaintiffs for a payment order seeking the payment of the acquisition amount, and the payment order (hereinafter “instant payment order”) was issued that “the Defendant jointly and severally pays 15% per annum for KRW 192,265,881 and KRW 40,383,028 from June 15, 2018 to the date of full payment” (hereinafter “instant payment order”), and the said payment order was issued for the same year.

7. It was finalized on 17.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. As to the plaintiff A's claim

A. Plaintiff A’s assertion by the parties concerned: The transferee-deposit claim that was finalized by the instant payment order (hereinafter “instant claim”) was extinguished five years after the expiration of the extinctive prescription period.

The claim of this case was filed before the lapse of 10 years from the filing of the application for the payment order of this case, since the payment order of Seoul Western District Court 2008 tea3463 became final and conclusive on July 18, 2008.

In addition, the plaintiff A approved his/her obligation through the debt settlement procedure and performed part of his/her obligation until October 31, 2013.

B. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 3, and 5 as a whole, ① Plaintiff A (former name: F) loaned KRW 13.5% per annum from G Bank on June 4, 2002 and KRW 49 million per annum on delay compensation rate. Plaintiff B guaranteed the above obligation; ② Defendant (former name: H Co., Ltd.) applied for a payment order against the Plaintiffs seeking payment of the instant obligation on April 29, 2008 on the ground that the above loan claim was transferred; ② Defendant (former Company: H Co., Ltd.) issued a payment order (Seoul Western District Court Decision 2008Hu3463) accordingly.

7. The fact that the above payment order became final and conclusive on February 18, 200, and (3) On February 4, 2009, Plaintiff A repaid KRW 500,000 to the Defendant on the condition that a certain amount be repaid, and upon the debt adjustment with the Defendant on the condition that a certain amount be repaid, Plaintiff A repaid KRW 350,00 per month from September 30, 201 to October 31, 2013.

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