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(영문) 수원지방법원 2018.11.15 2018가합1400

청구이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 3, 2006, Plaintiff A borrowed KRW 58.5 million from D Co., Ltd. (hereinafter “D”) at the interest rate of 36% per annum, and Defendant B jointly and severally guaranteed Defendant A’s debt as Defendant A’s spouse.

B. On April 20, 2010, Plaintiff A filed an application for bankruptcy and immunity with the Suwon District Court for the decision of declaration of bankruptcy on November 4, 2010, and the decision of immunity on January 18, 201 (U.S. District Court 2010Hadan3469, 201, 3469, 3469), and Plaintiff B filed an application for personal bankruptcy and immunity with the Suwon District Court on April 2, 2010, and received the decision of declaration of bankruptcy on November 16, 201, and the decision of immunity on February 11, 201 (U.S. District Court 201Hadan289, 2010Ha289, 2010). D omitted from the list of creditors of each of the above bankruptcy and immunity cases by the Defendants.

C. D on June 3, 2015, transferred the above loan claims to the Defendant, who was the representative of D, and notified the Defendants of the said transfer of claims around June 2015.

On September 2, 2017, the Defendant filed a lawsuit against the Plaintiffs seeking the payment of the above loan claims that he/she acquired from D. On November 8, 2017, the Suwon District Court rendered a judgment ordering the Plaintiffs to jointly and severally pay to the Defendant the amount of KRW 288,00,000 and KRW 58,50,000 per annum from July 4, 2017 to the date of full payment, and the said judgment became final and conclusive on January 23, 2017.

(U.S. District Court 2017Gahap21209). (e)

On January 22, 2018, according to the above final judgment, the Defendant received a seizure and collection order against the Plaintiffs by the Suwon District Court 2017TTT No. 2017TB, E Co., Ltd. and the Republic of Korea as to the deposit claims, insurance money claims, etc., which the Plaintiffs owned in commercial banks, E Co., Ltd., and the said decision was served on the Plaintiffs around

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. Article 565(7) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that the gist of the plaintiffs’ assertion shall be “malicious”.