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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 6, 1997, the Korea Commercial Bank Co., Ltd. (hereinafter “Korea Commercial Bank”) loaned KRW 10,000,000 to the Plaintiff through a bill loan (hereinafter “instant loan”) around January 4, 1997, around May 20, after the merger with the Korea Commercial Bank Co., Ltd. (hereinafter “Korea Commercial Bank”), and the said loan claim was transferred to the Korea Mutual Savings Bank Co., Ltd. (hereinafter “Korea Mutual Savings Bank”) via a limited liability company specialized in the financial system of Korea (hereinafter “Korea Commercial Bank”).
B. Nonparty Savings Bank filed a lawsuit against the Plaintiff seeking the payment of the instant loan with the Seoul Central District Court Decision 2009Da1093560, Jan. 23, 2009, the above court decided to make a recommendation for performance that “the Plaintiff shall pay to Nonparty Savings Bank 27,090,727 won and 9,304,691 won among them and 9,304,691 won at the rate of 20% per annum from June 13, 2008 to the date of full payment,” and the above recommendation decision was delivered to the Plaintiff on February 2, 2009 and finalized on February 17, 2009.
C. On June 15, 2011, Nonparty Savings Bank transferred the instant loan claims to the Defendant, and the Defendant notified the Plaintiff of the assignment of claims upon delegation by Nonparty Savings Bank.
On November 11, 2015, the Defendant applied for a seizure and collection order against the Plaintiff’s deposit claims against the Nonghyup Bank Co., Ltd. on the basis of the authentic copy of the decision on performance recommendation with the executory power of the lending case, Seoul Central District Court 2009Gau1093560, and received a seizure and collection order against the Plaintiff’s deposit claims, etc.
E. Meanwhile, the Plaintiff filed an application for bankruptcy and exemption from liability with Suwon District Court Decision 2013Hadan3583 and 2013Ma3583, Oct. 30, 2014 (hereinafter “instant decision on exemption from immunity”). On November 14, 2014, the said decision on exemption from immunity became final and conclusive, and the Defendant’s claim against the Plaintiff was not stated in the creditor list at the time of the instant decision on exemption from immunity.
[Reasons for Recognition] Unsatisfy, Gap 1 to 4, 6 to 5.