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(영문) 서울중앙지방법원 2015.11.03 2014나50882
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Seoul Bank extended a total of KRW 30,000,000 to B on three occasions with the Plaintiff’s joint and several sureties as indicated in the following table.

B. On March 18, 1998, Seoul Bank filed a lawsuit against B and the Plaintiff on the claim for loans with respect to the above loan obligations under the court Order 98Ga71048, and on July 21, 1998, the judgment of July 21, 1998 that on July 21, 1998, the Plaintiff and the Seoul Bank jointly and severally held to the Seoul Bank that the Plaintiff shall jointly and severally pay to the Seoul Bank the remaining principal of the loan obligations of this case and the remaining principal of the loan No. 1 of the above Table No. 14,973,920, the remaining principal of the loan No. 2,494,683, the remaining principal of the loan No. 2, 3,000,000.

(hereinafter, the above judgment became final and conclusive on August 22, 1998.

C. The Seoul Bank was merged with the Han Bank.

The loan claim of this case was transferred to the Han Bank.

The instant loan claims were transferred to the Defendant on June 27, 2003, respectively, on November 20, 2008, from Hana Bank Co., Ltd., to a limited-liability company specializing in Eno Seoul Seoul First Asset-backed Securitization, to a limited-liability company for Drown Asset Management Loans Co., Ltd. on November 20, 208, to a limited partnership asset management loan company on February 12, 2010, and to the Defendant on December 6, 2010.

On March 18, 2014, the Defendant received notification authority on the transfer of each credit from D Forest Asset Management Loan Co., Ltd. and Daehan Asset Management Loan Co., Ltd., and notified the Plaintiff of each transfer of credit.

On April 7, 2014, the defendant was granted an succeeded execution clause with respect to the above final judgment.

E. On June 20, 2012, the Plaintiff filed a bankruptcy and application for immunity with Suwon District Court 2012Hadan4673, 2012 4673.

At the time of the above application, the Plaintiff (12,46,06 won of the remaining principal, interest and delay damages 12,022,43 won of the remaining principal), KB National Card Co., Ltd. (13,141,744 won of the remaining principal, interest and delay damages 11,083,315 won of the remaining interest and delay damages), and the remaining principal of the Elderly Investment Co., Ltd. (27.

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