청구이의
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. On April 26, 2007, C Co., Ltd. (hereinafter “C”) borrowed KRW 100,000,000 from the Defendant at a rate of 21% per annum for delay and on April 26, 2009. The Plaintiff as the representative director of C’s, jointly and severally guaranteed C’s loan obligations against the Defendant.
B. On April 27, 2009, the Defendant issued a payment order with C and the Plaintiff to the effect that “The Plaintiff and C shall jointly and severally pay to the Defendant 106,952,159 won and 100,000,000 won per annum from April 21, 2009 to the date of full payment” from the above court on April 28, 2009.
C. After that, on September 6, 2018, the Defendant filed an application for a payment order against the Plaintiff and C with the Seoul Southern District Court No. 2018 tea6750 for the extension of the extinctive prescription period. On September 13, 2018, the said court issued the payment order to the effect that “The Plaintiff and C jointly and severally with the Defendant for KRW 106,952,159 and KRW 100,000,000 per annum from April 21, 2009 to the day of full payment” (hereinafter “instant payment order”).
On October 2, 2018, the instant payment order became final and conclusive on October 2, 2018 because the Plaintiff and C did not raise an objection despite being served with the instant payment order.
On the other hand, on May 7, 2012, the Plaintiff filed an application for bankruptcy and immunity with the Busan District Court Decision 2012Hadan1429, 2012Ha1429, 1429, and was granted immunity from the above court on January 27, 2014 (hereinafter “instant immunity”). On February 11, 2014, the instant immunity exemption became final and conclusive as is.
E. However, the list of creditors submitted by the Plaintiff in the case of petition for bankruptcy and exemption was not indicated by the Defendant’s claim against the Plaintiff (hereinafter “instant claim”).
[Ground of recognition] There is no dispute.