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(영문) 서울중앙지방법원 2017.05.24 2016가합15711
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On March 10, 200, the Plaintiff entered into a credit guarantee agreement with the Defendant and the Plaintiff’s Bank (formerly: Peace Bank) on the obligations of loans to the Defendant and the Plaintiff’s Bank.

On August 20, 2004, the defendant subrogated to pay the principal and interest of 12,825,845 won to our bank on August 20, 204.

The Credit Guarantee Fund, which is a business entrusted by the defendant, filed an application for provisional seizure of claims with the Seoul District Court 2003Kadan210671, which made the defendant's prior reimbursement claim under the above credit guarantee agreement against the plaintiff as the preserved right. The above court made a request for provisional seizure of claims with the amount claimed as KRW 13,382,000 in Seoul District Court 203Kadan210671. On October 17, 2003, the above court decided on October 17, 2003, after deducting taxes and public charges from the monthly pay (each kind of allowances and bonuses that the plaintiff would have received from the Korea Credit Information Company (hereinafter referred to as "Korea Credit Information Company"), and the aforementioned amount until the above claim is accumulated: Provided, That when retirement or voluntary retirement was not yet paid due to the failure of the above claim amount, the remaining 1/2 and the amount remaining after deducting taxes and public charges from retirement allowances and honorary retirement allowances, until the amount reaches the above claim amount accumulated (hereinafter referred to as "the aforementioned provisional seizure claim amount").

The defendant filed a lawsuit against the plaintiff as Seoul Central District Court 2005Gada1775192, and won the judgment on October 25, 2005. The above judgment became final and conclusive on November 26, 2005.

On February 7, 2006, the defendant obtained the provisional seizure and collection order (hereinafter "the collection order of this case") from the Seoul Central District Court 2006 other 1110 to transfer the provisional seizure of the claim of KRW 16,002,238 out of the benefit claim of this case to the principal seizure. The original copy of the above decision was served on the credit information in consideration of the date of February 10, 206.

[Reasons for Recognition] Unsatisfy, Gap 3, 4 evidence, Eul 1, 1.

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