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(영문) 대구지방법원 2015.12.22 2015가단35598
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 9, 1999, the Defendant concluded a credit guarantee agreement with the Plaintiff and the Plaintiff’s spouse Nonparty B (the representative director of the Bank of Korea, the Co., Ltd. at the time) under the joint guarantee of the Plaintiff and the Nonparty B.

The Co., Ltd. has been granted a loan from a national bank as security, but failed to pay interest, and the defendant paid 48,058,498 won to the national bank on March 20, 2003 in accordance with the credit guarantee agreement.

B. At around 2005, the Defendant filed a lawsuit against the Plaintiff, B, etc. (Seoul Central District Court 2005Kadan178473) and was sentenced to a favorable judgment (non-litigation) and became final and conclusive around that time.

C. The Defendant demanded the repayment of an obligation pursuant to the above judgment by finding out to the Plaintiff or sending postal items, including information on legal measures, from around 2008 to April 28, 201.

In addition, the defendant filed an application for a collection order and seizure of the claim with the fixed government district court's senior support as the executive title, and the decision was delivered to the plaintiff on February 9, 201.

(Hayang Branch of the District Court 2010 Other 17955). (e)

On September 1, 2010, the Defendant filed an application against the Plaintiff and B for an explanation of property (Seoul District Court Decision 2010Kadan3777). In the instant case, the Plaintiff and B received the detention decision and served on December 15, 2010 on the Plaintiff.

F. On May 11, 2011, around 2011, the Defendant again filed a decision of acceptance against the Plaintiff by applying for a seizure and collection order against the Plaintiff, and the written decision was served on the Plaintiff on May 11, 201.

(G) On January 30, 2013, the Plaintiff filed bankruptcy and application for immunity with the Incheon District Court on January 30, 2013, and was declared bankrupt on June 17, 2013, and was granted immunity on December 9, 2013 (hereinafter “instant immunity exemption”). The instant immunity exemption became final and conclusive on December 24, 2013, and the Plaintiff in the bankruptcy and exemption case.

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