청구이의
1. The defendant succeeding intervenor's claim for loans against the plaintiff on November 28, 2008 by the Seoul Central District Court 2008Gaso280386 dated November 28, 2008.
1. Basic facts
A. On October 11, 2007, the Intervenor succeeding to the Defendant (hereinafter “ Intervenor”) loaned KRW 13,200,000 to the Plaintiff Company B (hereinafter “Nonindicted Company”) at the rate of 36 months of loan period, interest rate of KRW 7.5% per annum, and overdue interest rate of KRW 24% per annum. The Plaintiff, the representative director of the Nonparty Company, guaranteed the Intervenor’s obligation to pay the principal and interest of the Nonparty Company.
B. Upon delinquency in paying the principal and interest of the non-party company, the intervenor filed a lawsuit against the non-party company and the plaintiff on July 21, 2008 to pay 11,538,885 won and 24% interest per annum from July 21, 2008 to the date of full payment. On November 28, 2008, the above court made a decision of performance recommendation accepting the plaintiff's claim in full by the non-party company and the plaintiff on November 28, 2008. On December 15, 2008, the decision of performance recommendation was confirmed on December 30, 2008 because the plaintiff's child received the above performance recommendation decision but did not raise any objection.
(hereinafter referred to as “instant decision on performance recommendation.” The non-party company was referred to the litigation procedure as a result of service by public notice, and the judgment accepting the Intervenor’s claim was rendered and finalized.
On May 13, 2011, the Plaintiff filed an application with the Incheon District Court for the exemption from 2641 and the lower court 201Han 2640 Decided May 13, 201, and the said court rendered the exemption from immunity on October 31, 201 and became final and conclusive on November 15, 2011. The Intervenor’s claim for the instant decision on performance recommendation was omitted in the list of creditors submitted by the Plaintiff at the time of the said application for immunity.
On May 20, 2016, an intervenor transferred the claim for the decision on performance recommendation of this case to the Defendant, but the said claim was rescinded by the said contract, and notified the Plaintiff of the cancellation of the said contract on May 24, 2018.
[Reasons for Recognition] There is no dispute, Gap 1 to 6 evidence, Eul 1 to 4 evidence.