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(영문) 광주지방법원 해남지원 2018.05.29 2017가단22213
청구이의
Text

1. The plaintiff's claim is dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution No. 2017 Chicago5004, Jan. 2018

Reasons

1. Basic facts

A. The Defendant’s claim 1) On September 17, 2001, the Plaintiff was merged into C Cooperatives (D Cooperatives on December 28, 2007) under the Defendant’s credit guarantee;

hereinafter referred to as “C Association”)

(1) The Defendant, on June 30, 2006, lent KRW 15,675,889 from the Plaintiff, but did not repay it. The Defendant, on payment of KRW 15,675,889, on behalf of the C Cooperatives, on the part of the Plaintiff and the claim for reimbursement (hereinafter “claim for First Claim”).

(2) On November 13, 2001, the Plaintiff obtained a loan of KRW 15 million from the E Union (hereinafter “E Union”) under the Defendant’s credit guarantee, but did not repay it.

Accordingly, on June 13, 2008, the Defendant subrogated 12,843,903 won to E Union and acquired the claim for reimbursement (hereinafter “claim for Second Indemnity”).

3) On December 18, 2002, the Plaintiff was granted a loan of KRW 30 million from the E Union under the Defendant’s credit guarantee, but did not repay it. Accordingly, on June 13, 2008, the Defendant paid to the E Union KRW 38,658,082 by subrogation and paid for reimbursement (hereinafter “third claim”).

B. On February 21, 2007, the Defendant acquired the Defendant’s executive title. On May 31, 2007, the Defendant filed a lawsuit against the Plaintiff for claiming the claim for reimbursement of the first claim against the Plaintiff by the Seoul District Court Decision 2007Gaso645 (hereinafter “instant judgment”) and was sentenced to a favorable judgment on May 31, 2007, and the said judgment became final and conclusive on June 23, 2007.

2) On July 11, 2011, the Defendant applied for a payment order against the Plaintiff for a claim for reimbursement of the claim for reimbursement of the claim for reimbursement of Articles 2 and 3 Claims with the Gwangju District Court Branch Office 201Guj1082 (hereinafter “instant payment order”). The payment order on July 15, 2011 (hereinafter “instant payment order”). When the instant judgment and the instant payment order are collectively referred to, “each of the instant executive titles” is called “the instant payment order.

(C) On December 2, 2015, the Plaintiff issued a payment order, and the said payment order was finalized on August 3, 201. (c) The Plaintiff’s bankruptcy and exemption 1) was determined on December 2, 2015 by the Gwangju District Court 2015Hadan5065.

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