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(영문) 광주지방법원 2019.02.21 2018가단20021
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 29, 1996, E entered into a credit card transaction agreement with the F Association (hereinafter “the instant association”) by setting the agreed amount as KRW 10,000,000, and at that time the Plaintiff and G were jointly and severally guaranteed the said obligation.

B. The instant association filed a loan lawsuit against E, the Plaintiff, and G (No. 97 Ghana District Court 144384). On May 28, 1998, the said court rendered a judgment that “the Defendant jointly and severally paid to the Plaintiff the amount calculated at the rate of 18% per annum from July 1, 1997 to the date of full payment,” and the said judgment became final and conclusive around that time.

(hereinafter referred to as “the first judgment”). (c)

The association of this case is above October 11, 2002.

On November 5, 2002, the claims described in the subsection were transferred to the Korea Asset Management Corporation, and the notice of the assignment of claims was given to the Plaintiff by content-certified mail.

On March 7, 2008, the Korea Asset Management Corporation filed a lawsuit against E, the Plaintiff, and G with the Gwangju District Court 2008Gaso7138, and on April 9, 2008, against the Plaintiff, the decision on performance recommendation that “the Defendant jointly and severally pays to the Plaintiff the amount of KRW 27,841,565 and the amount of KRW 9,468,465 calculated at the rate of 17.5% per annum from February 21, 2008 to the date of full payment” (hereinafter referred to as “the decision on performance recommendation of this case”; the loan claims for which the obligation to pay has become final and conclusive; the decision on performance recommendation of this case was sentenced to the same decision as the decision on performance recommendation of this case; and it was finalized on November 28, 2008.

(hereinafter referred to as "second judgment"). (e)

On September 18, 2012, the Korea Asset Management Corporation transferred the instant claim to the Defendant (mutual HH Co., Ltd.). On October 8, 2012, the Defendant, the agent of the Korea Asset Management Corporation, notified the Plaintiff of the assignment of claim by content-certified mail.

F. As to the instant decision on performance recommendation and the second decision, the Defendant received each succession execution clause, and as to September 7, 2017, respectively.

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