Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 25, 1995, B obtained a loan of KRW 10,00,00 from the Eastern Bank; from April 25, 1995, from April 25, 1995 to January 5, 1998; the Plaintiff jointly and severally guaranteed the loan; and (2) the bankrupt Bank Eastern Bank Co., Ltd. filed a lawsuit against the Plaintiff for a loan claim (Seoul Central District Court Decision 2001No 1141586); and (3) on July 11, 2001, “the Plaintiff was sentenced to 7,580,439 and its annual interest rate from the following day to December 16, 1997 to December 14, 198; and (4) the Plaintiff was 15% per annum from the following day to 2000 until 19.5% per annum; and (5) 19% per annum from the following day to 29.25% per annum.
3) On July 27, 2004, the trustee in bankruptcy of the Dongsan Bank Co., Ltd.: (a) transferred the claim against the Plaintiff on July 27, 2004 to the Defendant (mutual name, Inc., Ltd., Ltd.) and completed the assignment of the claim; (b) the Defendant applied for a payment order against the Plaintiff and B for the extension of the extinctive prescription period of the judgment claim (Seoul Central District Court 201 tea28288); (c) the Plaintiff directly received the payment order on April 26, 2011, but the payment order became final and conclusive as it is due to the lack of objection.
(hereinafter “instant payment order”). B.
The Plaintiff’s bankruptcy and exemption decision 1) On September 17, 2010, the Plaintiff filed an application for bankruptcy and exemption (Seoul Central District Court 2010, the Seoul Central District Court 15234, the lower part of 2010, the declaration of bankruptcy, July 15, 201, the adjudication of immunity on December 2, 201, and the said decision became final and conclusive (hereinafter “instant bankruptcy and exemption decision”).
(2) At the time of filing an application for bankruptcy and exemption, the Plaintiff is the Defendant.