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(영문) 광주지방법원 2017.10.13 2017가단12665
면책확인
Text

1. The Defendant’s payment order against the Plaintiff is based on the Seoul Central District Court’s order on October 19, 2012 (2012 tea71656).

Reasons

Facts of recognition

On February 3, 2009 and February 16, 2011, Nonparty B obtained a loan of KRW 85,000,000 from the bank of Korea Co., Ltd. (hereinafter “Korea Bank”) with general household funds, and KRW 1,00,00,000 with general corporate driving funds, respectively, and the Plaintiff, the husband of Nonparty B, as the husband of Nonparty B, jointly and severally guaranteed each of the above loan obligations of Nonparty B.

The Bank of Korea filed an application for payment order with the Seoul Central District Court around September 21, 2012 against the Plaintiff, who is the principal debtor, Nonparty B and joint guarantor, and the Seoul Central District Court on October 19, 2012, which issued a payment order with the purport that “The Bank shall pay the amount equivalent to KRW 1.1 billion to the Bank, Nonparty B shall pay the amount equivalent to KRW 1.1 billion to the Bank, and Nonparty B shall pay the amount equivalent to KRW 1.4 billion, and its delay damages jointly and severally with Nonparty B” (hereinafter “instant payment order”). On November 1, 2012, the original payment order against the Plaintiff was served on Nonparty B, who is the spouse of the Plaintiff, and the Seoul Central District Court confirmed the payment order against the Plaintiff on December 16, 2012.

(No. 3) On September 18, 2014, the Plaintiff filed an application for bankruptcy immunity with the Seoul Central District Court 2014Hadan9282, 2014 9282, and 2014 9282, and the above court received a bankruptcy decision on January 19, 2015 and a decision to grant immunity on March 12, 2015, and the above decision to grant immunity became final and conclusive around that time.

The Defendant acquired the above loan claim against Nonparty B and the Plaintiff (hereinafter “the instant claim”) in succession order by the Defendant, and the Defendant applied for the seizure and collection order against the Plaintiff’s claim with the Suwon District Court Branch Branch on January 31, 2017, and on February 2, 2017, rendered a decision on February 2, 2017, to seize and collect the claim against the Plaintiff’s claim with the obligation to succeed to the instant payment order.

(No. 5). This case’s list of creditors at the time of the decision to grant immunity of this case.

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