logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.30 2018나45505
청구이의의 소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 29, 2009, E Co., Ltd. (hereinafter “E”) extended a loan of KRW 2,400,000 to the Plaintiff, 48.54% per annum on loan interest rate and delay damages rate, and by May 29, 2010 on loan period (hereinafter “instant loan”).

B. On June 25, 2009, the Plaintiff paid KRW 257,000, which is a part of the principal and interest of the instant loan, to E, and delayed repayment of the instant loan. On March 31, 2010, E transferred the instant loan claim to F Co., Ltd. (hereinafter “F”), and notified the Plaintiff of the said assignment by content-certified mail on April 9, 2010.

C. On March 7, 2013, F filed an application with the Plaintiff for a payment order seeking the payment of the instant loan claim with the Seoul Central District Court 2013 tea49370, and the said court’s payment order was served on the Plaintiff on April 26, 2013, and became final and conclusive on May 11, 2013.

On February 22, 2014, F, by transferring the instant loan claims to Defendant (F: G Co., Ltd.) on the method of transferring the instant loan claims, set up a pledge on the instant loan claims. On March 20, 2014, F notified the Plaintiff of the transfer of claims and the establishment of a pledge by content-certified mail.

E. On May 24, 2017, the Defendant received a payment order against the Plaintiff to the effect that “the Plaintiff shall pay to the Defendant 2,229,175 won and the amount calculated at the rate of 39% per annum from June 26, 2009 to the date of full payment” (hereinafter “instant payment order”). The instant payment order was served on the Plaintiff on May 29, 2017 and became final and conclusive on June 13, 2017.

F. Meanwhile, the Defendant, based on the instant payment order on February 23, 2018, received a seizure and collection order as to the Plaintiff’s deposit claim against H as Seoul Eastern District Court 2018TT2138, based on the instant payment order.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2.

arrow