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(영문) 서울중앙지방법원 2011.04.01 2010가합39296
청구이의
Text

1. The defendant's compulsory execution against the plaintiff is enforced on December 14, 2007 by the Seoul Central District Court 2007 tea87661.

Reasons

1. Basic facts

A. The Plaintiff was changed from C Co., Ltd. (hereinafter “C”) on December 28, 2006 as a stock company with the purpose of housing construction business and housing site preparation business.

B. From May 16, 2005 to June 1, 2005, a total of KRW 522,000,000 was deposited in the National Bank Account (Account NumberD) in the name of C on seven occasions as follows:

on May 16, 2005, E 100,000,000 won 100,000,000,0000 won on May 19, 2005, F 30,000,000 won on May 20, 2005, and KRW 52,000,000 on June 1, 2005, in total, KRW 100,000,000 on May 20, 2005.

C. Nonparty F claimed that C lent the above KRW 522,00,000 from May 16, 2005 to June 1, 2005, Nonparty F applied for the payment order against the Plaintiff on November 22, 2007, seeking the return of the principal and interest of the loan, under this court’s 2007 tea87661.

On December 14, 2007, the court notified the Plaintiff and F of the payment order (hereinafter “instant payment order”) that “the Plaintiff shall pay F 52,00,000 won with 55% per annum from June 2, 2005 to the service date of the original copy of the payment order, and 20% per annum from the next day to the day of full payment.”

On the other hand, on December 26, 2007, the Plaintiff served the original copy of the instant payment order and did not raise an objection by January 9, 2008, which was the expiration date of the period for raising an objection, thereby the said payment order became final and conclusive on January 10, 208.

The F transferred a loan claim on January 14, 2009 to the Defendant under the instant payment order, and the Defendant applied for the grant of the succeeding execution clause to this court on February 4, 2009, and received the transfer execution clause on February 10, 2009.

[Basis] Evidence Nos. 1 through 6, 7-2, 8, 12, Eul evidence Nos. 3-1, 2, and 4, witness H and E's partial statements, and the purport of the whole pleadings

2. The plaintiff's assertion that "C has not borrowed the above money from F, and if it is recognized, it has already been accepted.

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