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(영문) 광주지방법원 2015.03.26 2014가합57381

청구이의

Text

1. Compulsory execution against the Defendant’s Plaintiff based on the payment order dated December 2, 2012, 201.

Reasons

1. Basic facts

A. On November 21, 2002 and January 27, 2004, the Plaintiff jointly and severally guaranteed B related to the receipt of a loan and bill discount from Ason Mutual Savings Bank Co., Ltd. (hereinafter “B”).

B. A Rason Mutual Savings Bank became a new mutual savings bank (hereinafter “New Savings Bank”) due to a successive change in its trade name.

C. On August 31, 2009, the Plaintiff filed an application for immunity and adjudication of bankruptcy with the Seoul Central District Court No. 22959 and the Seoul Central District Court No. 2009Hadan22959, respectively. Upon being declared bankrupt by the above court, the Plaintiff was granted immunity and immunity (hereinafter “instant immunity”).

The creditor list Nos. 13 submitted by the Plaintiff in the above decision of immunity and the case of declaration of bankruptcy is indicated as the creditor by the Shin Savings Bank, and in relation to the joint and several debt guarantee by the time when the Plaintiff developed a stock company on February 2, 2004, the Shin Savings Bank stated that the Plaintiff has the principal claim of KRW 29,597,871, interest, KRW 822,794,331 as to the Plaintiff.

However, in relation to the joint and several guarantee of the Plaintiff as above, the bonds held by the new savings bank against the Plaintiff (hereinafter “instant bonds”) are not listed in the above list of creditors.

E. The claims against the new Savings Bank B were assigned in sequence as follows, and the fact of the transfer was notified to B.

On December 23, 2010, the date of notification of the date of acquisition by transfer, the transferee, 1 CSSSS Partners Loans Co., Ltd., Ltd., Ltd., Ltd., on December 24, 2010, 201, on December 24, 2010, 2010, CSSSSSSS Bank Loans Co.,, Ltd., Ltd., on December 31, 2011, 31, 201, on March 4, 2013, 201, the Defendant on February 4, 2013, 2013, Defendant CSSS Bank Loans Co., Ltd., Ltd., Ltd., on June 13, 2014, the former payment of the instant claims against the Plaintiff, etc. on November 30, 2011.