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(영문) 서울동부지방법원 2015.06.04 2014가단39719
청구이의
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. Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) filed a lawsuit against the Plaintiff A and the joint guarantor, who are the principal debtor, in Daejeon District Court (2000 Ghana 114545), and received a judgment accepting the claim on September 28, 200, and the said judgment became final and conclusive on October 26, 200.

B. On May 20, 201, Hyundai Capital loan Co., Ltd. (hereinafter referred to as "the second transferor") refers to May 20, 201.

A. On August 20, 2012, the second transferor transferred each of the claims against the plaintiffs recognized in the above judgment to the defendant.

C. On January 8, 2014, the Defendant filed an application with the Plaintiffs for a payment order under Seoul Eastern District Court 2014 tea787 based on the above transfer money claim, and on January 9, 2014, issued a payment order on the same year after the issuance of the payment order.

13. The service of the plaintiff A is made for the same year;

1. 28. The main text of the above plaintiff is as follows.

"The plaintiff A shall pay to the defendant 47,154,240 won and 9,350,523 won among them with 20% interest per annum from August 21, 2012 to the day of complete payment."

D. Since the above payment order was not served on Plaintiff B, the above payment order application case was executed as a claim for transfer money payment by the Seoul Eastern District Court 2014Daso257573 at the Defendant’s request, and on July 9, 2014, on the same day, the argument was concluded on July 9, 2014, and the judgment of winning the Defendant against Plaintiff B was rendered in the same order as the main order of the above payment order, and the above judgment became final and conclusive on July 31, 2014.

E. On August 4, 2014, the Defendant, based on the original copy of the above payment order, had Daejeon District Court Execution Officer C and 209, who is the domicile of the Plaintiff A, executed the seizure of corporeal movables.

【Ground of recognition】 The fact that there has been no dispute, Gap 1-4(Ga number omitted), the purport of the whole pleading

2. The assertion and judgment

A. The plaintiffs' claims against the plaintiffs of Hyundai Capital are from October 26, 2000, which became final and conclusive by the Daejeon District Court.

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