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(영문) 서울중앙지방법원 2018.05.29 2018가단5045615
양수금
Text

1. The defendant shall pay to the plaintiff KRW 120,378,947 and KRW 40,617,020 among them, from January 18, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On November 21, 2007, C Bank applied for a payment order against the Defendant under the Busan District Court Decision 2007 tea 29733, the Busan District Court rendered a judgment of November 2007 that "the Defendant shall pay C Bank the amount calculated by the rate of 19% per annum from November 20, 207 to the date of full payment of the amount of KRW 51,269,369 and the amount of KRW 41,94,50 per annum from November 20, 2007 to the date of full payment" and the above judgment became final and conclusive around that time.

B. On June 28, 2013, the Plaintiff acquired the instant claim from C Bank based on the said final judgment, and notified the Defendant of the assignment of the claim on June 23, 2014. The remaining principal and interest remaining as of January 17, 2018 are KRW 120,378,947 (principal principal KRW 40,617,020).

C. On January 23, 2018, the Plaintiff filed an application with the Defendant for a payment order seeking the payment of the instant claim under this Court’s 2018 tea934169, but, on February 7, 2018, the Plaintiff was implemented as the instant court’s litigation procedure due to the Defendant’s decision to return the instant claim to the said court pursuant to the Defendant’s objection (e.g., the completion of extinctive prescription, etc.)

[Grounds for recognition] Gap 1-6's statements and the purport of the whole pleadings (including facts with significant knowledge to this court)

2. The defense and judgment of this case

A. According to the summary of the defense under the Civil Procedure Act, the demanding procedure shall belong to the exclusive jurisdiction of the district court in the location of the debtor's general forum. At the time of the application for the payment order of this case, the defendant has a domicile in the Daegu Suwon District Court, and thus the competent court is Daegu District

Since the application for the payment order of this case was received in this court, the lawsuit of this case is unlawful in violation of its exclusive jurisdiction.

B. The demand procedure for review is an exclusive jurisdiction of the district court in the location of the debtor’s general forum or of the competent court under Articles 7 through 9, 12 or 18 of the Civil Procedure Act (Article 463 of the Civil Procedure Act), and Article 8 of the Civil Procedure Act.

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