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(영문) 청주지방법원영동지원 2016.08.26 2016가단225
청구이의
Text

1. The Defendant’s Cheongju District Court (Cheongju Branch Branch 2000 tea864)’s enforcement force against the Plaintiff.

Reasons

1. Basic facts

A. 1) On August 10, 200, the Young-dong Saemaul Fund applied for a payment order against the Plaintiff and C, who is a resident B, a joint guarantor, and a joint guarantor, for the payment order on August 16, 200. The above court issued on August 16, 200 the payment order on the following grounds: “The debtor jointly and severally liable to the creditor, for the amount of KRW 20 million from April 20, 199 to December 29, 199, for the amount of KRW 16.5% per annum; from December 30, 199 to the delivery date of the original copy of the payment order, from December 30, 199 to the delivery date of the original copy of the payment order, the payment order was issued on the annual amount of KRW 19%; and from the following day to the full payment date, the payment order and demand procedure expenses at each rate of KRW 25% per annum.” The above order became final and conclusive on June 6, 2009.

(hereinafter “instant payment order”). B.

After the transfer of the claim based on the instant payment order, the claim based on the instant payment order was transferred to the Defendant on February 22, 201 through the Sejong Asset Management Co., Ltd., MM Asset Management Co., Ltd., Ltd., and the United Nations Asset Management Co., Ltd., Ltd., and the said notification was issued to the Plaintiff around that time.

C. On November 11, 2009, the Plaintiff filed an application for immunity with the District Court Decision 2009Da6908 on November 11, 2009, and each application was filed for bankruptcy with the same court Decision 2009Hadan6914, and on October 22, 2010, the said decision became final and conclusive on November 9, 2010 upon receiving immunity from the above court.

(hereinafter “instant immunity”). The Plaintiff did not enter claims based on the instant payment order in the list of creditors at the time of respective exemption and petition for bankruptcy. D.

On April 16, 2009, the Union Co., Ltd. filed a lawsuit against B on April 16, 2009, Seoul Eastern District Court 2009da56070.

On June 29, 2009, the above court rendered a judgment in favor of the plaintiff on June 29, 2009, "the defendant shall pay to the plaintiff 22,193,425 won and 10,000 won among them at the rate of 25% per annum from December 31, 2008 to the date of complete payment." The above judgment is a judgment in favor of the plaintiff by means of a public notice stating that "the defendant shall pay to the plaintiff 22,193,425 won per annum

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