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(영문) 서울중앙지방법원 2018.09.05 2018가단29007
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff is based on the Seoul Central District Court Decision 2009Kadan482415 Decided June 24, 2010.

Reasons

1. Facts of recognition;

A. The plaintiff on March 5, 2002 and the same year

5.3. & 4.0

8. On 26. 26. Each of the loans owed to the Industrial Bank of Korea by Co., Ltd. (hereinafter “Nonindicted Company”) with the representative director was jointly and severally guaranteed on three occasions.

B. Each loan claim against the non-party company of the Industrial Bank of Korea and each joint and several guarantee claim against the plaintiff were transferred to Dongyang Korea Social Co., Ltd. through a limited company specializing in securitization error. On June 24, 2010, 200 through service by public notice to the defendant filed a lawsuit against the non-party company and the plaintiff (this court 2009Da482415), and the social funds were paid 26,692,199 won to the non-party company and 12,279,865 won among them to the extent that they do not exceed KRW 36,00,000,000 to the non-party company and the plaintiff, and the amount calculated at the rate of 20% per annum from April 15, 2010 to the date of full payment (this court 24,000,306,000,000 won to the 36,000,000 won to the 36,29484,284.18.

C. Claims based on the instant judgment were transferred, respectively, to the Defendant on October 20, 2010, to the Hyman Loan Co., Ltd.: (i) Tyman Loan Co., Ltd., (ii) Tyman Loan from Tyman Loan on October 17, 2012; (iii) Eyman Loan Co., Ltd. from Tyman Loan on May 19, 2016; and (iv) Eyman Loan Co., Ltd. on July 13, 2016.

Meanwhile, the Plaintiff filed an application for bankruptcy and exemption with the Incheon District Court 2010Hadan2701, 2010Ha2700, and was declared bankrupt on February 10, 201, and was granted immunity on July 22, 2011 (hereinafter “instant immunity exemption”). The instant exemption exemption became final and conclusive on August 9, 201.

However, the list of creditors submitted by the plaintiff at the time of the above application shall be based on the judgment of this case.

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