청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) is a company established for the purpose of manufacturing, exporting, and importing textile products, and is deemed dissolved pursuant to Article 520-2(1) of the Commercial Act on December 3, 2018. The Plaintiff is a former representative director of C, and the Defendant is a company established for the purpose of collecting claims by purchasing and collecting them.
B. On July 2, 2007, D Co., Ltd. (hereinafter “D”) lent KRW 1,00,000,000 to the Plaintiff at the interest rate of 12% per annum and 24% per annum on July 2, 2007, respectively, with the guarantee limit of KRW 1,30,000,000, and C guaranteed the payment of the above loan obligations to the Plaintiff’s D by setting the guarantee limit of KRW 1,30,000,000.
C. Upon the suspension of current account transaction of C, D applied for payment order against the Plaintiff and C for the payment of loans, etc. as the Busan District Court 2007 tea32211, and was ordered by the Busan District Court to pay the above application as of December 27, 2007. The above payment order was finalized on March 15, 2008.
(hereinafter referred to as the “instant payment order” and the claim based on the instant payment order is referred to as the “instant payment order”). D.
The instant payment order claim was transferred to the Defendant on July 13, 2013 through G Co., Ltd. (hereinafter “G”).
On April 20, 2016, the Defendant applied to the Busan District Court for grant of the succession to the instant payment order on the basis of the said assignment of claims, and the succeeding execution clause reached the Plaintiff on May 9, 2016.
E. On October 10, 2016, the Plaintiff filed an application with the Incheon District Court for personal bankruptcy (2016Hadan4895) and immunity (2016Hadan4894) and received a decision of adjudication of bankruptcy from the Incheon District Court on January 13, 2017, and a decision of immunity on June 12, 2017, and the said decision of adjudication of bankruptcy and decision of immunity became final and conclusive on June 27, 2017.
(b) a final and conclusive declaration of bankruptcy; and