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1. The Defendant’s compulsory execution against the Plaintiffs is based on the payment order issued by the Seoul Central District Court 2015Hu289730.
Reasons
1. The following facts may be found either in dispute between the parties or in addition to the whole purport of the pleadings in each entry in Gap evidence Nos. 1 through 6, 13, and Eul evidence Nos. 1 and 3:
Plaintiff
A received each of the loans from Solomon Savings Bank Co., Ltd. (hereinafter “Slomon Savings Bank”) at KRW 20 million on December 26, 2008 (hereinafter “First Loan”) and KRW 11 million on April 30, 2010 (hereinafter “Second Loan”); and the Plaintiff B guaranteed the Plaintiff’s primary loan to the Non-Party Savings Bank.
B. On April 30, 2013, Nonparty Savings Bank was declared bankrupt by Seoul Central District Court 2013Hahap46, and the Defendant was appointed as trustee in bankruptcy of Nonparty Savings Bank.
C. The Defendant filed an application with the Seoul Central District Court for a payment order seeking the payment of the remaining principal and interest of the instant loan claims against the Plaintiffs as Seoul Central District Court Decision 2015Da289730, Dec. 9, 2015, the said court rendered a payment order (hereinafter “instant payment order”) to the effect that “the Plaintiffs jointly and severally with the Defendant, KRW 19,670,231, and KRW 7,150,943, as to KRW 22,932,087 and KRW 8,338,476 as to KRW 22,93,00 and KRW 8,38,476 as to KRW, respectively, from November 9, 2015 to the date of full payment, the said payment order became final and conclusive around that time.
Meanwhile, prior to the payment order, the Plaintiffs filed an application for adjudication of bankruptcy and exemption on the grounds that the Plaintiff was declared bankrupt by Seoul Central District Court 2013Hadan2087, and the Plaintiff A was released from immunity by the same court on July 27, 2015, and the Plaintiff B was declared bankrupt by the same court 2013Hadan2088, and the Plaintiff B was released from immunity by 2088 on August 24, 2015, and each of the above immunity immunity became final and conclusive on August 12, 2015 and September 9, 2015.
(e)the above declaration of bankruptcy and the request for discharge;