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1. Of the judgment of the court of first instance, the decision of the Busan District Court for the defendant is based on the case 2008Gahap1865.
Reasons
1. The plaintiff, on January 23, 2003, who was the representative director of a corporation B (from the following to the "B", and from the second to the "stock company", if any reference of a corporation is repeated, the second to the "stock company" was jointly and severally guaranteed the debt of loans to the Vietnam Mutual Savings Bank Co., Ltd. (B).
(2) On May 26, 2006, the Financial Supervisory Commission made a decision on the transfer of the assets and liabilities of the Indian Mutual Savings Bank, including the instant guaranteed claims, to the Pacific Mutual Savings Bank.
③ On May 9, 2008, the Pakistan Mutual Savings Bank filed a lawsuit claiming acquisition money (2008Gahap1865) against the Plaintiff and B.
On April 3, 2009, the above court sentenced the plaintiff to the effect that the plaintiff and Eul jointly and severally pay 540,572,669 won and 49,346,064 won among them, and the judgment became final and conclusive.
④ On June 14, 2010, the Plaintiff filed a bankruptcy and application for immunity (Seoul Central District Court 2010, 1038, 2010Hadan10338), the adjudication of bankruptcy on April 27, 2011, the decision to discontinue the bankruptcy on June 29, 201, and the decision to grant immunity (hereinafter “instant decision to grant immunity”) on August 4, 201, respectively, became final and conclusive on August 19, 201.
(5) On October 30, 2012, the Pakistan Mutual Savings Bank was declared bankrupt by Busan District Court 2012Hahap7, and the defendant was appointed as the trustee in bankruptcy.
2. It is recognized that a lawsuit seeking confirmation of exemption is the most effective means to determine the Plaintiff’s legal status as a confirmation judgment to eliminate such apprehensions when the Plaintiff’s legal status is dangerous.
The plaintiff claims against the defendant to exclude the executory power of the judgment of this case.