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1. Compulsory execution against the Defendant’s Plaintiff based on the Ulsan District Court Decision 2005 Ghana130186 Decided November 22, 2005.
Reasons
1. Basic facts
A. On June 28, 2000, the Ulsan Credit Union (hereinafter referred to as the “Non-Party Union”) loaned money to Non-Party C under the joint and several guarantee of Non-Party B, etc.
(2) The loan of this case shall be 7,470,000 won (hereinafter referred to as the "loan of this case").
In around 2001, the non-party partnership filed a lawsuit against C, B, etc. for the payment of loans with the Ulsan District Court.
(1) On January 29, 2002, the above court rendered a judgment to the effect that "C, B, etc. shall jointly and severally pay 7,552,886 won and 7,470,000 won to the non-party union at the rate of 22.5% per annum from July 28, 2000 to the day of full payment," and the above judgment became final and conclusive around that time.
C. B died around September 2001.
According to the death of B, the plaintiff and non-party D inherited B.
D around 201, around 2001, reported the renunciation of inheritance (Ulsan District Court 2001Mo513), and the above court accepted the above declaration on February 19, 2002.
In around 2005, the Non-Party Deposit Insurance Corporation (hereinafter “Non-Party Corporation”) appointed as the trustee in bankruptcy of the above union after being declared bankrupt filed a lawsuit against the Plaintiff, etc. for payment of loans, etc.
(2) On November 22, 2005, the above court rendered a judgment to the effect that "the plaintiff shall pay to the non-party 4,482,000 won and interest calculated at the rate of 22.5% per annum from January 11, 2001 to the date of full payment (the above cited part seems to be the amount corresponding to the plaintiff's share in inheritance against the principal and interest of the debt that the plaintiff bears)" and the above judgment became final and conclusive around that time.
(hereinafter the above final judgment is referred to as the judgment of this case).
In around 2006, the defendant acquired the claim related to the loan of this case, such as the claim based on the judgment of 2001 Ghana 115394 from the non-party Corporation.
F. Around 2011, the Defendant filed a lawsuit against C, etc. for payment, such as transfer money.
(Ulsan District Court 201Gaso880). The above court on December 7, 2011 shall be the C, etc.