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(영문) 광주지방법원해남지원 2019.09.10 2019가단729
청구이의
Text

1. The plaintiff's claim is dismissed.

2. This Court shall have jurisdiction over cases of application for suspension of compulsory execution in this Court 2019 Chicago6.

Reasons

1. Basic facts

A. On August 4, 2000, the Plaintiff used 38,300,000 won as loans from CF under the Defendant’s credit guarantee. 2) On February 10, 2006, CF and D partnership were merged into and established by CF and D partnership.

3) As above, the Plaintiff did not repay the money borrowed from C Association. (4) The Defendant repaid KRW 46,558,532 to E Association which succeeded to the rights and obligations of C Association on October 23, 2006 pursuant to the credit guarantee agreement between the Plaintiff and the Plaintiff, thereby extinguishing the Plaintiff’s obligation to borrow money to E Association, and on the same day, acquired the Plaintiff’s claim for reimbursement (hereinafter “instant claim for reimbursement”).

B. On October 28, 2011, the Defendant, who acquired the Defendant’s executive title, applied for a payment order against the Plaintiff on November 3, 2011 for the payment order claiming the reimbursement claim under Gwangju District Court 201j1574. However, the Defendant was sentenced to a favorable judgment of the Defendant (hereinafter “instant executive title”) that: (a) the payment order was not served on the Plaintiff; and (b) was transferred to the litigation proceedings under the same court 201Ga10201; and (c) on February 22, 2012, “the Plaintiff was sentenced to the Defendant for KRW 80,99,089; and (d)6,58,532 of the amount to KRW 46,532 from September 27, 2011 to January 21, 2012; and (c) the amount calculated at a rate of 20% per annum from the following day to the date of full payment.”

The above defendant's winning judgment was finalized on March 14, 2012.

C. The Plaintiff’s bankruptcy and exemption 1) On December 8, 2017, the Plaintiff filed an application for bankruptcy and exemption with the Gwangju District Court 2017Hadan1752 and 2017Ma1752, and filed an application for adjudication of bankruptcy on January 10, 2018, and the decision to grant exemption on September 7, 2018 (hereinafter “instant decision to grant exemption”).

(2) The Plaintiff filed an application without omitting the claim for reimbursement against the Plaintiff prior to the time of the application for immunity. As a result, the Defendant is included in the list of the creditors of the instant decision to grant immunity.

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