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(영문) 전주지방법원 2014.06.11 2013가단46575
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff was jointly and severally and severally guaranteed at the time that B purchased construction machinery from the Hyundai Motor Company.

B. After that, Hyundai Motor Co., Ltd., which did not pay a purchase price thereafter, filed a lawsuit against the Plaintiff seeking payment of the said purchase price (former District Court Decision 2006Da48818) with Hyundai Motor Co., Ltd., a claim management company, which acquired the said construction machinery purchase price claim prior to the transfer of the said construction machinery purchase price claim (after the fact, the trade name was changed to Dasan Asset Management Loan Co., Ltd.; hereinafter referred to as Dasan Bond Management Co., Ltd.; hereinafter referred to as Mo

In the above lawsuit, "the plaintiff has been sentenced to 84,855,392 won (the principal of the sale price of KRW 37,391,291 interest rate of KRW 47,464,101) and interest rate of KRW 37,391,291 (the principal of the sale price of KRW 37,391 interest rate of KRW 47,464,101) and interest rate of KRW 24% per annum from June 13, 2006 to the date of full payment, and the above judgment became final and conclusive as it is.

C. Around November 18, 2012, Hyundai Unit Claim Management: (a) transferred to the Plaintiff the principal amounting to KRW 20,328,685, out of the acquisition amount receivables; and (b) interest claim thereon.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. The plaintiff asserts that compulsory execution based on the above final judgment shall not be allowed, inasmuch as the defendant's above claim, which was acquired from the management of the claim based on Hyundai Construction, was fully repaid in accordance with the seizure and collection order against the plaintiff's wage claim.

However, there is no evidence to support the Plaintiff’s assertion that the Defendant was fully repaid with the above claim that the Defendant acquired from the Hyundai Construction Bond Management. Rather, according to the records as stated in the evidence No. 2 and the fact-finding with respect to the Korea Highway Corporation, Hyundai Construction Bond Management was issued a seizure and collection order against the Plaintiff’s benefit claim against the Korea Highway Corporation on December 27, 2007 based on the above final judgment (the claimed amount was KRW 98,549,824).

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