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1. The defendant's decision on the loan case against the plaintiff was based on the Changwon District Court 2007Gau29819 decided on the loan case against the plaintiff.
Reasons
1. Facts of recognition;
A. On June 20, 2007, the Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against the Plaintiff for a loan claim with the Changwon District Court 2007Gaso29819 (hereinafter “Korea Deposit Insurance Corporation”) and was sentenced by the above court on June 20, 207 to “the Plaintiff shall pay to the non-party bank the amount of 1,943,055 won and the amount of 54.75% interest per annum from July 19, 2002 to the day of full payment” (hereinafter “the instant judgment”). The instant judgment became final and conclusive around that time.
On the other hand, on October 2, 2014, the Defendant acquired loan claims based on the instant judgment from the non-party bank, and received the succeeding execution clause from the said court.
When the plaintiff (the plaintiff) is exempt from residual assets from the bank of the non-party on the premise of repayment of 3,582,000 won (including legal expenses) as debtor, if property is additionally discovered in addition to the property discovered at the time of debt reduction or exemption and if a fraudulent act is discovered with knowledge that property in the past is harmful to the creditor, the full amount of exemption shall be restored, and if the property is returned to the property in the course of the judgment of the court as a result of the judgment of the court on the additionally discovered property and fraudulent act, there is no objection to any compulsory execution against such property, and the civil and criminal liability that may be incurred therefrom will be borne by the principal.
Amount of obligation: The exempted amount of KRW 9,206,883 (Separate Table of Law Expenses of KRW 89,600): the property discovered of KRW 5,624,882: None.
B. On November 12, 2008, the Plaintiff drafted to the non-party bank an “written waiver of obligation under the condition of rescission (hereinafter “instant written waiver”)” with the following contents as follows:
C. However, on May 28, 2009, the Plaintiff repaid only KRW 950,000 to the non-party bank.
【Ground of recognition” has no dispute, Gap evidence 2, Eul evidence 2, Eul evidence 3-1, Eul evidence 3-2, and oral argument.