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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 17, 1995, Jichi Credit Union lent KRW 20 million to the Plaintiff’s Jeonnam-do, the Plaintiff, C, and D, as the joint and several liability for the above loans. 2) After the bankruptcy of the Jichi Credit Union, the Korea Deposit Insurance Corporation filed a lawsuit against the Plaintiff for the claim for loans against B, C, D, and the Plaintiff ( Daejeon District Court Decision 2003Da72154).
3) On April 14, 2003 in the above case, the Korea Deposit Insurance Corporation rendered a decision of performance recommendation with the purport that "the plaintiff shall pay 19,517,320 won to the bankruptcy trustee of the Jindo Credit Cooperatives jointly and severally with B, C, and D the amount of 19,517,320 won and 20% interest per annum from December 18, 1996 to the delivery date of a copy of the complaint, and 25% interest per annum from the next day to the date of complete payment." The Korea Deposit Insurance Corporation (hereinafter referred to as the "Korea Deposit Insurance Corporation") transferred all of the claims of this case to the defendant (mutual name before the change: the Korea Deposit Insurance Corporation) and then notified the transfer of claims to B, etc. who is the principal debtor at that time.
B. As of April 29, 2014, the Defendant applied for a payment order against B, C, D, and the Defendant with the Seoul Central District Court 2014Guj23074 for the interruption of the extinctive prescription of the instant claim. (2) The said court ordered the payment order for KRW 87,66,560 as to KRW 87,66,560 as well as KRW 6,000 as to KRW 25% per annum from March 27, 2014 to the date of full payment.
3) The above payment order was served on May 8, 2014 on the Defendant, and became final and conclusive on May 23, 2014. (c) The Seoul Central District Court Decision 2015Hadan6188, 2015Ma6188 against the Plaintiff was finalized on January 19, 2016 in the application for immunity filed against the Plaintiff.
However, the defendant was omitted in the list of creditors of the bankruptcy case.
2 The plaintiff and B shared around December 2, 2003.