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(영문) 광주지방법원 2015.08.12 2015나102
면책확인의 소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. This Court shall suspend compulsory execution of No. 2014 Chicago1372.

Reasons

1. Basic facts

A. On November 14, 2002, the Plaintiff entered into a loan agreement with the New Savings Bank (the name before the change, Rason Mutual Savings Bank (hereinafter “New Savings Bank”), the lending limit of KRW 7 million, the lending period of KRW 1 million up to November 14, 2003 (which can be automatically extended on a yearly basis), the interest rate of KRW 21.5% per annum, and the delay damages amount of KRW 25% per annum, and the Plaintiff was jointly and severally guaranteed by B.

(hereinafter referred to as “the instant loan obligations”) B.

On April 17, 2006, the Plaintiff filed a bankruptcy and exemption and filed a petition for adjudication of bankruptcy on December 26, 2006 (U.S. District Court Decision 2006Haak2778), and the decision to grant immunity on February 26, 2007 (hereinafter “the decision to grant immunity of this case”) was granted, and the above decision to grant immunity is granted.

3. 13. Finality, the creditor list prepared at the time of the above immunity does not contain a new savings bank.

C. On November 16, 2010, the New Savings Bank filed a lawsuit against the Plaintiff and B claiming the performance of the instant loan obligations, and paid damages for delay to the Plaintiff, B, and the New Savings Bank for delay in the amount of KRW 9,744,343, and 7,000 among them, to the new Savings Bank. The decision was finalized on December 8 of the same year with respect to B, and on January 4, 2011 with respect to the Plaintiff, respectively.

On November 23, 2010, the instant loan claims were transferred in sequence to the Defendant on January 23, 2010 from the New Savings Bank to the Madern Asset Management Loan Co., Ltd. and the SSS-SS-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

E. On March 11, 2014, the Defendant received an execution clause for succession to the instant decision on performance recommendation, and made the said decision on performance recommendation on July 14, 2014 of the same year.

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