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(영문) 서울중앙지방법원 2019.08.23 2019가합1973
청구이의의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (the filing of a lawsuit against the Plaintiff et al. and final judgment 1) On May 2, 2008, the Seoul Central District Court rendered judgment on May 2, 2008 against D (representative director) and the Plaintiff, and joint and several surety against E Co., Ltd. (hereinafter “joint and several surety of this case”).

(2) On April 24, 2009, the above court rendered a judgment by service (hereinafter “the judgment of this case”) to the effect that “A Co., Ltd. and D, the Plaintiff jointly and severally, up to KRW 700,00,000, and the Plaintiff shall pay to C Co., Ltd. the amount of KRW 175,088,498 and the amount of KRW 123,513,455 per annum from April 1, 2009 to the date of full payment” (hereinafter “the judgment of this case”). The above judgment became final and conclusive on May 12, 2009.

B. On November 1, 2010, the Defendant (FF Co., Ltd. at the time) acquired the above loan claims and the instant joint and several liability claims against D Co., Ltd. from C Co., Ltd.; on July 13, 2011, upon delegation from C Co., Ltd. to notify the Plaintiff of the transfer of the said claims; and around that time, the Defendant served the Plaintiff with the notification of the transfer of claims; (2) on August 3, 201, the Defendant applied for the grant of the succession of the instant judgment to the transferee status of the above loan claims and the instant joint and several liability claims; and (3) on October 22, 2011, the copy of the succeeding execution clause was served on the Plaintiff.

C. On January 12, 2018, the Plaintiff exempted the Plaintiff from liability and filed a petition for bankruptcy with the Seoul Rehabilitation Court (Seoul Rehabilitation Court No. 2018, 155, 2018Hadan155), and the list of creditors in the relevant procedure (hereinafter “list of creditors”).

G, Inc., H, I.

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