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1. Revocation of the first instance judgment.
2. The defendant's decision on November 27, 2003 by the Seoul District Court's North Branch of North Korea Branch of the Seoul District Court.
Reasons
1. Basic facts
A. C filed a lawsuit against the Plaintiff seeking a loan, etc. as the Seoul District Court Branch Branch 2003Gahap4116.
On November 27, 2003, the above court rendered a ruling that "the plaintiff shall pay C the amount of KRW 182,00,000,000 per annum from July 31, 2003 to the date of full payment (hereinafter "the judgment amount of this case") with 20% interest per annum from July 31, 2003," and the judgment was finalized on January 3, 2004.
(hereinafter “instant judgment”). B.
C was paid KRW 50 million from the Defendant on January 17, 2016, and KRW 90 million on January 29, 2016, and thereafter, on January 29, 2016, the agreement for the transfer and takeover of the claim of this case was drafted on January 29, 2016, stating that the claim of this case is transferred to the Defendant.
On April 14, 2016, the defendant notified the plaintiff of the assignment of claims in the name of C and the defendant.
C. On August 19, 2016, the Defendant was granted the succeeding execution clause with respect to the claim for the judgment of this case, and was determined by the Incheon District Court to seize and collect the Plaintiff’s claim.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 2, 12, and 13 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion
A. On May 24, 2014, the Plaintiff’s extinction of the instant judgment claim under an open contract concluded between C and C with respect to the G building on two lots outside the F-gu Seoul Metropolitan Government (hereinafter “instant building”) with the Plaintiff at the same time completing the registration of ownership transfer under the name of the Plaintiff, and at the same time completing the registration of ownership transfer, C with the maximum debt amount of KRW 150,000,000, and with the agreement to issue the same amount of promissory note, upon the repayment of the debt secured by the said right to collateral, C concluded a light agreement with the purport that C waives the balance of the instant judgment claim, and thus, the compulsory execution based on the instant judgment shall be denied.
B. The defendant's subrogation is attributable to the defendant.