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(영문) 대구지방법원 2020.01.09 2019가단16588
양수금
Text

1. The defendant shall pay to the plaintiff 52,792,127 won with 12% per annum from July 3, 2009 to the day of complete payment.

Reasons

1. Facts of recognition;

A. (1) The plaintiff filed an application for a payment order against the defendant for the payment order: "The amount of KRW 70 million and the delay damages calculated at the rate of KRW 20% per annum from the day following the delivery of the payment order to the day of full payment, and the amount of KRW 56,160 per annum from the day of the delivery of the payment order to the day of full payment."

① C lent to the Defendant KRW 30 million on March 15, 2007, and KRW 40 million on September 12, 2007.

The defendant did not pay the borrowed money even after the due date expires.

② On June 25, 2008, the Plaintiff acquired a loan claim against the Defendant from C, and notified the Defendant on the same day.

③ The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with respect to KRW 70 million and the expenses for demand procedure.

(2) The court issued a payment order as requested by the Plaintiff.

This Court's 209j7291, hereinafter referred to as 'the payment order of this case'.

The defendant was served with a payment order on June 17, 2009 and did not object to the same year.

7.2. Finality has been established.

B. The Plaintiff’s participation in distribution (1) voluntary auction was commenced on October 14, 2008 on the Daegu Jung-gu and its ground buildings owned by the Defendant.

(E) The plaintiff had a provisional attachment of the real estate amounting to KRW 70 million.

(2) The instant court distributed KRW 17,839,375 to the Plaintiff, a provisional seizure obligee.

The plaintiff received the dividend deposited on the date when the payment order of this case became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts acknowledged above by the Plaintiff’s acquisition of bonds, the Plaintiff may recognize the fact that the Plaintiff acquired a loan claim of KRW 70 million against the Defendant.

The defendant is obligated to pay to the plaintiff the acquisition amount of the claim, the delay damages therefor, and the expenses paid to the plaintiff in order to receive repayment.

The defendant borrowed KRW 70 million from C, and the plaintiff.

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