beta
Text
1. The part concerning the claim for confirmation of discharge among the instant lawsuit is dismissed.
2. The defendant's Suwon District Court against the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff jointly and severally guaranteed C Co., Ltd. (hereinafter “Nonindicted Company”)’s obligation to use the FC card to the Industrial Bank of Korea.
B. On November 201, the Industrial Bank of Korea sold credit card claims against the non-party company and the Plaintiff (hereinafter “instant claims”) to D Limited Liability Company (E limited liability company). In November 2014, the said company filed an application for payment order against the non-party company and the Plaintiff for payment seeking payment of the instant claims under Seoul Western District Court 2014Hu55999. The said case was transferred to the Seoul Western District Court 2014Gabu684597 transfer to the same court and was sentenced to a favorable judgment from the said court on May 14, 2015. At the time, both the lawsuit proceedings against the Plaintiff and the non-party company were served by public notice.
C. On September 2015, D Limited Liability Company (E Limited Liability Company) transferred the instant claim to F Limited Liability Company, and the said Company transferred it to the Defendant on June 2016.
In 2017, the Defendant filed an application with the Plaintiff for a payment order seeking payment of the instant claim with the Suwon District Court Sung-nam Branch 2017 tea554, and the said case was transferred to the said court’s 2017 Ghana62718 and was sentenced to a favorable judgment on October 18, 2017. The said judgment became final and conclusive on November 7, 2017 (hereinafter “the final and conclusive judgment”), and all documents of lawsuit were served by public notice at the time of service.
In addition, on November 24, 2017, the Defendant requested the Seoul Western District Court 2017TTTT58092 to seize and collect the Plaintiff’s deposit claims against G association on November 28, 2017 based on the instant final judgment, and received the decision of the acceptance (hereinafter “instant claim seizure and collection order”), and the said decision was also served on the Plaintiff.
E. On the other hand, on December 26, 2018, the Plaintiff rendered a decision to grant immunity as Seoul Rehabilitation Court No. 3886, 2018Hadan3886.