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(영문) 전주지방법원군산지원 2019.04.26 2018가단55751

청구이의

Text

1. The defendant's judgment against the plaintiff is based on the Jeonju District Court Gunsan Branch Decision 2009 Ghana29 decided June 16, 2009.

Reasons

1. Facts of recognition;

A. A. AD Association loaned KRW 10,000,000 to E on October 8, 1997. On the same day, the Plaintiff jointly and severally guaranteed the above loan obligations against D Association on the same day.

B. The D Association received the judgment of June 16, 2009 that "the plaintiff, E, and F shall jointly and severally pay to D Association 34,169,938 won and 9,808,341 won a year of 27% from December 21, 2008 to the day of full payment," and the above judgment became final and conclusive on July 10, 2009.

(hereinafter referred to as the “instant judgment,” and the claim against the Plaintiff of the D Union according to the instant judgment is C.

Meanwhile, on November 12, 2015, the Plaintiff filed for bankruptcy and immunity with the Jeonju District Court 2014Gu472, and obtained immunity from the above court (hereinafter “instant immunity”). The instant immunity became final and conclusive on November 27, 2015, and the Plaintiff did not enter the content of the instant claim in the list of creditors submitted at the time of the said bankruptcy and application for immunity.

On January 15, 2016, the Defendant acquired the instant claims in sequential order through G Co., Ltd, H Co., Ltd, and I, and notified the Plaintiff of the transfer of the claims around that time.

E. On July 19, 2018, the Defendant received an execution clause to succeed to the instant judgment and received a seizure and collection order as to the Plaintiff’s deposit claims against the financial institutions, such as the J union, etc. from the Jeonju District Court 2018 Gunsan Branch 2018 Gunsan Branch 102617. On August 3, 2018, the Defendant collected KRW 1,561,064 from the J union from among the garnishees on August 3, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 or 2, and the purport of the whole pleadings

2. Determination

A. Any property claim arising before bankruptcy is declared against the debtor for the determination of the cause of the claim.