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1. On April 16, 2013 between the Defendant and B, a notary public of April 16, 2013 entered into a monetary loan agreement, No. 399, 2013.
Reasons
1. The plaintiff's claim against B;
A. The facts of recognition 1) The Joint Bankruptcy Trustee of the World Credit Cooperatives of the bankrupt and C filed a lawsuit against the Ulsan District Court 2004da122720 against B, etc., and on December 7, 2004, the above court rendered a judgment that “B shall pay to the above Joint Bankruptcy Trustee the amount of KRW 9,173,000 and the amount of KRW 21% per annum from November 22, 1998 to the date of full payment.” The above judgment became final and conclusive on January 4, 2005. 2) On January 2, 2005, the Joint Bankruptcy Trustee of the World Credit Cooperative of the World Credit Cooperatives of the bankrupt and the Joint Bankruptcy Trustee of the Korea Deposit Insurance Corporation of the World Credit Cooperative of the Bankrupt, and notify the above assignment of claims to B around January 10, 2014.
3) On January 2014, the Dong Asset Management Loan Co., Ltd. transferred the above judgment claim to the Plaintiff and notified the transfer of the above claim to B around January 22, 2014. (4) On May 2014, the Plaintiff received an execution clause to succeed to the said judgment in the position of the transferee of the above judgment claim.
5) On July 18, 2014, the Plaintiff filed an application for a compulsory auction with the above judgment against subparagraph 401 of the aggregate building D located in Ulsan-gu, Ulsan-gu (Ulsan District Court E). The said court rendered a decision to commence compulsory auction on July 21, 2014. The Plaintiff filed an application for compulsory execution against B-owned corporeal movables, etc. (Ulsan District Court 2014No.2690) around July 21, 2014 (Ulsan District Court 2014No. 2690). The Plaintiff received dividends of KRW 15,300 on November 13, 2014 in compulsory execution commenced upon the said application.
7) On October 21, 2014, the Plaintiff received a seizure and collection order against the claim listed in attached Table 1 from the Ulsan District Court Decision 2014TTTT 2014TT 1266, and the said order was served on B and Samsung Fire Marine Insurance Co., Ltd. at that time. 6) As of August 21, 2015, the said judgment claim amounting to KRW 41,461,457 (i.e., principal amount of KRW 9,173,00 or delay damages amount of KRW 32,288,457).