(영문) 서울중앙지방법원 2018.05.30 2017가단61127

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(영문) 서울중앙지방법원 2018.05.30 2017가단61127

청구이의의 소

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1. The Defendant’s payment order against the Plaintiff was based on the Seoul Central District Court Decision 2017Hu104295.

Reasons

1. Facts of recognition;

A. On March 6, 2017, the Defendant filed an application with the Plaintiff for a payment order with the Seoul Central District Court (Seoul Central District Court Decision 2017Hu104295, “The Plaintiff entered into a monetary loan agreement with the Busan Central District Court (hereinafter “Industrial Complex”) on July 16, 2007, and the Defendant acquired the Plaintiff’s loan claim against the Plaintiff on January 12, 2011. As such, the Plaintiff is obligated to pay the Defendant the interest on the remainder of the obligation as of March 3, 2017 and the principal amount of KRW 4,655,30,390 among the interest on the remainder of the obligation as of March 3, 2017 and the said court on March 8, 2017 (hereinafter “the Plaintiff is liable to pay the Defendant delay damages at the rate of 4,655,309, and KRW 856,90,00,00,00).”

B. On March 13, 2017, the Plaintiff received the instant payment order, but did not raise any objection thereto, and the instant payment order was finalized on March 28, 2017.

[Recognition] Facts without dispute, entry of Gap evidence 1, purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff did not borrow money from mountain loan, and even if the Plaintiff bears the obligation of the loan against mountain loan, the enforcement based on the instant payment order should be dismissed. 2) The Defendant mountain loan lent KRW 1,00,000 to the Plaintiff on July 16, 2007 on May 16, 2009 at an annual interest rate of 65.7%, and the Defendant, on January 12, 201, notified the Plaintiff of the assignment of the obligation under the instant payment order since it concluded a contract between mountain and mountain to acquire the obligation of the said loan from the Defendant and the Plaintiff on January 12, 2011, the Plaintiff was obligated to pay the obligation under the instant payment order to the Defendant.

(b)in the case of a final and conclusive payment order, the payment order will be issued.

유사 판례

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