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(영문) 의정부지방법원고양지원 2014.12.05 2014가단52394
청구이의의 소
Text

1. The Defendant’s order for payment in the acquisition money case No. 2008 tea 2034 against the Plaintiff is authentic.

Reasons

1. Basic facts

A. C lent KRW 90,00,000 to the Plaintiff between November 16, 1999 and July 19, 2001, and received KRW 41,00,000 among them, and thereafter, C transferred to the Defendant the claim of KRW 60,270,000 (hereinafter “transfer of claim”). The claim of KRW 49,00,000 from December 2005 to January 2008, i.e., the loan principal claim, namely, the loan principal claim, and the claim of KRW 11,270,000 (hereinafter “transfer of claim”).

B. The Defendant asserted the assignment of the claim of this case against the Plaintiff and filed an application for the payment order with the Jung-gu District Court Goyang Branch Branch 2008Ka2034, May 27, 2008, and the payment order ordering the payment of money at the rate of 20% per annum from May 28, 2008 to the date of complete payment (hereinafter “instant payment order”), which became final and conclusive on June 11, 2008.

C. On January 27, 2014, the Defendant filed a request for the collection and seizure order (hereinafter “instant collection order”) with the debtor, the third debtor, the Republic of Korea, the claim amounting to KRW 92,891,021, and the Plaintiff’s benefit claim as the Plaintiff’s benefit claim.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1 and 3 evidence, the purport of the whole pleadings

2. Determination

A. Upon D’s request, the Plaintiff borrowed KRW 85,00,000 from C, and then delivered KRW 20,000,000 among them to D, and thereafter repaid KRW 47,50,000 to May 30, 2006. The Plaintiff, C, and D repaid KRW 47,50,000 of the principal and interest accrued from April 26, 2001 to May 30, 2006. On September 9, 2005, KRW 20,000 out of the remaining principal and interest accrued from KRW 4,00,000,000 to KRW 1% of the Plaintiff’s monthly, and the remainder KRW 20,00,00,000 to KRW 5% of the interest accrued from January 5, 200, KRW 99,000 to KRW 30,000,000 and KRW 97,000 to the Plaintiff’s debt.

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