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1. The Defendant’s payment order in the Daegu District Court Decision 2018Hu1023 dated January 22, 2018 against the Plaintiff was issued.
Reasons
1. Facts of recognition;
A. Between C and C on December 28, 2017, the Defendant entered into a contract with C to acquire the loan claim amounting to KRW 16,000,000,000, which C had against the Plaintiff. On January 8, 2018, C notified the Plaintiff of the fact of transfer of the loan.
B. On January 22, 2018, the Defendant received a payment order with the content that “the Plaintiff shall pay to the Defendant 16,000,000 won and the amount calculated by the rate of 5% per annum from February 28, 2014 to the delivery date of the payment order, and 15% per annum from the next day to the date of full payment” (hereinafter “instant payment order”) by requesting the payment order against the Plaintiff with the above acquisition claim as the underlying claim.
The instant payment order was served on the Plaintiff on February 27, 2018, and became final and conclusive on March 14, 2018 without objection.
C. On May 3, 2018, upon the instant payment order, the Defendant received the claim attachment and collection order under the Daegu District Court Decision 2018TG Kimcheon- Branch 2018TTTT1362, designating the Plaintiff as the debtor, D Association, E, F Association, and Korea as the third debtor.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 4 through 7, purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is that the Defendant acquired the instant payment order from C, and C claimed a loan of KRW 16,000,000 against the Plaintiff at the Daegu District Court, Kimcheon-si, 2017Kacheon-si, Kimcheon-si, 2017Da3676, and agreed to waive KRW 8,00,000 out of the claim against the Plaintiff on December 12, 2017, while withdrawing the said lawsuit, and the Plaintiff repaid KRW 1,00,000 to C on December 13, 2017 on the following day.
Therefore, at the time of December 28, 2017, the Defendant acquired the Plaintiff’s claim against the Plaintiff by transfer from C, as of December 28, 2017, C only has a loan claim of KRW 7,00,000,00, and thus, compulsory execution based on the original copy of the instant payment order exceeds the interest rate of KRW 7,00,000 and KRW 5% per annum from January 2, 2018 to the date of full payment.