beta
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. A. around 1998, D Co., Ltd. loaned KRW 10 million to E, and the Plaintiff jointly and severally guaranteed the above loan obligation of E.
B. Around March 30, 2002, D Co., Ltd. transferred the loan claims against the Plaintiff and E to F limited liability companies, and F limited liability companies transferred the above claims to G Co., Ltd. (hereinafter “G”) on or around February 2003, and G transferred the above claims to the Defendant on June 15, 201.
C. On July 29, 2004, G filed a lawsuit against the Plaintiff and E seeking the payment of the above loan claims, and on November 19, 2004, the Seoul Central District Court Decision 2004Gada164059 decided in favor of the Plaintiff (hereinafter “instant judgment”) was sentenced, and the above judgment was finalized on December 7, 2004.
On April 25, 2013, the Defendant applied for a payment order against the Plaintiff and E for the payment of the above loan claims. On April 26, 2013, the Seoul Central District Court rendered a payment order with the content that: (a) KRW 18,265,726 and KRW 4,96,99 among the KRW 18,26,7756 to the Plaintiff; (b) from April 4, 2013 to the delivery date of the payment order, KRW 19.5% per annum; and (c) from the next day to the date of full payment, the payment order (hereinafter “instant payment order”) was served on the Plaintiff himself/herself on June 13, 2013; and (d) the payment order became final and conclusive on June 28, 2013.
E. After that, the Defendant filed an application for the order of seizure and collection against the Plaintiff two times, and the Gwangju District Court 2013TTTT 16025 rendered the order of seizure and collection (hereinafter “instant order of seizure and collection”) as of September 27, 2013, and the said order was served on the Plaintiff himself/herself on October 24, 2013. In the Gwangju District Court 2016TTT 11510 case, the Gwangju District Court 2016TT 17 August 17, 2016, “the instant order of seizure and collection” (hereinafter “the instant order of seizure and collection”) and “the instant order of seizure and collection,” including the instant order of seizure and collection as of September 17, 2013.