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(영문) 부산지방법원 2020.09.03 2020나41665
청구이의
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. On May 208, 2008, the bankruptcy trustee D filed a lawsuit against the Plaintiff seeking a loan of KRW 42,055,362 as Busan District Court Decision 2007Da196091, and damages for delay from December 12, 2007 (hereinafter “instant loan claims”), and was sentenced to a judgment in favor of the above court (hereinafter “instant judgment”), and the above judgment became final and conclusive on June 10, 2008.

In the process of the above lawsuit, a duplicate of the complaint was served on the Plaintiff’s Spanman living together with the Plaintiff on February 29, 2008. The notice of the sentencing date was served on April 25, 2008, and the authentic copy of the judgment was served directly on each Plaintiff on May 26, 2008.

B. On June 22, 2011, E Co., Ltd. acquired the instant loan claims that became final and conclusive from C Cooperatives, sent a notice of assignment to the Plaintiff’s domicile, and the said notice was received by F, the Plaintiff’s spouse, on June 24, 2011.

Since then, E Co., Ltd applied for the grant of the succeeding execution clause to the instant judgment, and subsequent execution clause was served on October 11, 201 on the Plaintiff himself.

C. On January 5, 2012, E Co., Ltd. filed an application with the Plaintiff for a seizure and collection order against G by using the instant loan claim as the claim against the Plaintiff as the Suwon District Court 2012TT247, and issued a seizure and collection order against G on January 9, 2012. On January 9, 2012, E Co., Ltd. received from the above court the seizure and collection order (hereinafter “instant seizure and collection order”). The said seizure and collection order were served to G, the debtor on January 12, 2012.

On October 15, 2015, the Plaintiff filed an application for bankruptcy and immunity with Jeju District Court Decision 2015Da590,592, and on February 2, 2017, upon receiving a decision to grant immunity from the above court (hereinafter “instant decision to grant immunity”), the said decision became final and conclusive on February 21, 2017.

However, the loan claim of this case is omitted in the list of creditors.

E. The defendant is E.

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