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1. The Defendant’s judgment against the Plaintiff is rendered in the Seoul Central District Court Decision 2018Gaso241414 Decided February 15, 2019.
Reasons
1. Basic facts
A. C borrowed KRW 10,00,000 from D (hereinafter “D”) on November 4, 2002, and the Plaintiff jointly and severally guaranteed the said debt (hereinafter “joint and several surety claim”).
D) Accordingly, D filed a lawsuit against the Plaintiff seeking the payment of the instant claim and rendered a judgment with the effect that “it shall pay 22,425,478 won and 10,000 won among them at the rate of 25% per annum from May 6, 2008 to the date of complete payment” was sentenced on November 6, 2008, and that it became final and conclusive around that time.
(Dasan District Court 2008Gaso241466, hereinafter “the preceding judgment of this case”). The above lawsuit was conducted by service of public notice, since the address available to the Plaintiff was not identified.
B. On August 24, 2009, the Plaintiff received immunity on August 17, 2010 by filing a bankruptcy and application for immunity with the Suwon District Court Decision 2009Hadan8797, 2009Da8797, which became final and conclusive around that time.
However, the claim of this case was not indicated in the list of creditors submitted by the plaintiff at the time of the above application.
C. The Defendant received the instant claim from D on April 21, 2017.
C. Although the Defendant filed an application with the Plaintiff for a payment order seeking the payment of the instant claim, the Defendant did not serve the Plaintiff, and thus, submitted it to litigation proceedings, and the judgment that “it shall pay 22,425,478 won and 10,000 won among them at the rate of 25% per annum from May 6, 2008 to the date of complete payment” was rendered on February 15, 2019, and became final and conclusive around that time.
(Seoul Central District Court 2018 Ghana241414, hereinafter “instant judgment”). The instant lawsuit was filed by public notice, as the address available to the Plaintiff is not identified.
On March 26, 2019, the defendant applied for a seizure and collection order against the plaintiff's deposit claim against the plaintiff on March 26, 2019, and rendered a judgment of seizure and collection order against the plaintiff on March 28, 2019.
[Reasons for Recognition]