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(영문) 전주지방법원 2015.11.11 2014가합4377
청구이의 등
Text

1. The former Jeju District Court Order 2004 tea 10903 against the defendant's payment order with the executory power of the loan case.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of Gap evidence Nos. 1, 3, 4 through 6, Eul evidence Nos. 1 and 3 (including separate numbers, if any) and the whole arguments:

On June 9, 2004, the NetworkF received a payment order (hereinafter “the instant payment order”) from the former Jeju District Court 2004 tea10903 against the network E (hereinafter “the deceased”). On June 16, 2004, the networkF applied for a payment order from the above court to seek the payment of the principal and interest on the loans to the deceased (hereinafter “the principal and interest on the instant loan”). The order was issued on June 26, 2004 with the content that “the deceased shall pay to the network F the amount at the rate of 55 million won and 24% per annum from January 1, 2000 to the date of full payment.” The original of the payment order was served on the deceased on June 26, 2004, but it became final and conclusive on July 11, 2004 because there was no objection by the deceased.

B. The Deceased died on April 3, 2009, and the Plaintiffs, as the inheritor’s children, filed a qualified acceptance report on the deceased’s property inheritance on June 25, 2009 by the Jeonju District Court 2009Ra477, and received an adjudication from the above court on August 4, 2009, and publicly announced the above written adjudication at G Newspapers on August 13, 2009.

C. On April 29, 201, H applied for grant of succession execution clause against the instant payment order to the former District Court on April 29, 201, on the ground that he/she acquired the principal and interest of the instant loan from the networkF, and was granted the succeeding execution clause on the same day. On September 7, 2011, the Defendant applied for grant of succession execution clause against the instant payment order to the said court on the same day on the ground that he/she again acquired the principal and interest of the instant loan from H.

On May 10, 2013, the Defendant transferred the claim for interest of KRW 25,00,000 among the claim for the principal and interest of the instant loan to I, and notified the Plaintiffs, a debtor, of the assignment of the claim on June 4, 2013, and notified the Plaintiffs of the assignment of the claim at that time.

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