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Reasons
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(영문) 서울중앙지방법원 2018.04.24 2017가단5133072
청구이의
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1. Of the instant lawsuit, the Seoul Central District Court 2016 tea167717 against the Defendant’s Plaintiff.

Reasons

1. Basic facts

A. The Defendant’s claim 1) On April 5, 201, the Plaintiff is Hyundai Card Co., Ltd. (hereinafter “Modern Card”) (hereinafter “Modern Card”).

2) On May 23, 2013, Hyundai Card Co., Ltd. (hereinafter referred to as “Modern Capital”) with respect to the Plaintiff’s credit card loans (such as principal KRW 2,680,969, interest, etc.) on May 23, 2013.

A) Around that time, a credit card loan was transferred to the Plaintiff (hereinafter “credit card loan”).

(2) On December 4, 2012, the Plaintiff borrowed KRW 15.2 million from Hyundai Capital.

(3) On April 29, 2015, Hyundai Capital: (a) transferred its credit against the Plaintiff (as of February 28, 2015, KRW 2,224,491, interest KRW 1,147,91, interest KRW 147,978, interest KRW 5,708,673, interest KRW 3,189,879, interest) to the Defendant; (b) around that time, the Defendant notified the Plaintiff of the instant payment order. (c) On April 26, 2016, KRW 14,935,200 (as of Seoul Central District Court Decision 2016, KRW 1671, KRW 5,708, KRW 675, KRW 107, KRW 107, KRW 107, KRW 21429, KRW 219, KRW 2429, KRW 259, KRW 205, KRW 2016).

2) On May 25, 2016, the Seoul Central District Court issued a payment order to the effect that “the Plaintiff shall pay damages for delay to the Defendant for the principal amounting to KRW 7,933,164 out of the amount of KRW 14,935,200 and the said amount (hereinafter “instant payment order”).” (hereinafter “instant payment order”).

(C) The instant order for payment was issued, and the order for compulsory sale of real estate was finalized around that time. C) The Defendant applied for compulsory sale of real estate against the Plaintiff’s 873 square meters per the original copy of the instant order for payment on August 24, 2016, for a compulsory sale of real estate, which was owned by the Plaintiff.

2. The above auction procedure was concluded on July 12, 2017, and the defendant was on the date of distribution, and 6,905.

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