beta
Text
1. The defendant has collected money according to the collection order and seizure of claim and collection order, 200,791,677 won in accordance with the Gwangju District Court's Netcheon Branch 2010 other 4233.
Reasons
1. Basic facts
A. On August 16, 2012, Busan Savings Bank Co., Ltd. (hereinafter “ Busan Savings Bank”) was declared bankrupt on August 16, 2012 by Busan District Court 201Hahap4, and the Plaintiff was appointed as bankruptcy trustee on the same day.
B. As a trustee in bankruptcy of Busan Savings Bank, the Plaintiff filed a claim suit, such as a loan, etc. equivalent to the claimed amount of KRW 4 billion with the Busan District Court 201Kahap24916 (hereinafter “Nonindicted Company”), and was rendered a judgment in full favor on April 3, 201, and was granted an execution clause from the said court on December 19, 2014 in order to enforce compulsory execution against Nonparty Company.
C. On the other hand, the non-party company filed an application for the suspension of compulsory execution with the Busan District Court Branch 2009Kaman741 on October 15, 2009 as the guarantee of the suspension of compulsory execution on October 15, 2009 as Busan District Court Decision 200,000,000 won (hereinafter referred to as the "the deposit of this case") filed by the non-party company (the non-party company's merger of Taesan Development Co., Ltd. and succeeded to the rights and obligations of Taesan Development Co., Ltd. pursuant to Articles 530 and 235 of the Commercial Act by absorbing Taesan Development Co., Ltd. and succeeding to the rights and obligations of Taesan Development Co., Ltd. pursuant to Articles 530 and 235 of the Commercial Act.
The defendant applied for a seizure and collection order against the non-party company, the third debtor company, the Republic of Korea, the claim amount of KRW 1,165,523,287, based on the authentic copy of the judgment with executory power of 2008Gahap734, Seocheon District Court 2008Gahap733, and received a decision of acceptance on May 17, 2010. The above decision was served on the Republic of Korea, the third debtor on May 19, 2010.
E. On November 3, 2010, the Defendant, based on the above collection order (hereinafter “instant collection order”), raises objection from the Republic of Korea, the third obligor.