청구이의
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On May 27, 2010, one Capital Co., Ltd. lent KRW 148,837,250 to B Co., Ltd. a vehicle lease loan of 148,837,250 to B Co., Ltd., and B Co., Ltd concluded an Oral lease agreement to pay this 44 months to B Co., Ltd., and jointly and severally guaranteed the Plaintiff’s obligation
B. B Co., Ltd and the Plaintiff did not repay the above loan obligations, one capital company filed a lawsuit against B Co., Ltd. and the Plaintiff as Seoul Central District Court 2013da324509, and on April 23, 2014, the judgment was rendered without proceeding to the effect that “B Co., Ltd and the Plaintiff jointly and severally pay 98,175,914 won and 63,273,914 won with interest of 25% per annum from December 6, 2013 to the date of full payment” was served on the Plaintiff’s spouse on April 29, 2014, and that “B Co. and the Plaintiff jointly and severally pay 98,175,914 won and 63,273,914 won with interest of 25% per annum from May 14, 2014.”
C. On November 26, 2014, the Plaintiff filed an application for bankruptcy and exemption with the Seoul Central District Court Decision 2014Hadan1749, 2014Ha1749, 11749, the Plaintiff was declared bankrupt on April 14, 2015, and was granted the exemption decision on July 14, 2015, and the said exemption decision became final and conclusive as it is (hereinafter “instant exemption”). The creditors’ list omitted the claim for the said lease against the Plaintiff of Han Capital Co., Ltd.
On April 26, 2014, the Defendant: (a) acquired the foregoing lease claim against the Plaintiff on April 26, 2014; (b) filed an application for a payment order for acquisition money under the Seoul Western District Court Decision 2015Hu63462, Sept. 30, 2015; and (c) on October 8, 2015, the Defendant issued an payment order to the effect that “the Plaintiff shall pay to the Defendant 63,701,774 won and the amount of KRW 63,273,914 at a rate of 25% per annum from June 1, 2014 to the date of full payment; and (d) the said payment order is as is without the Plaintiff’s objection.