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(영문) 부산지방법원 2021.03.02 2020가단9684
청구이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On November 1, 2003, the Plaintiff borrowed 50 million won from C (a trade name after the change: D Co., Ltd.; hereinafter “Non-Party Bank”) at the rate of 12.5% per annum on July 31, 2004; and 19% per annum on delayed compensation interest rate.

B. The Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against the Plaintiff for a loan claim against the Plaintiff under the Busan District Court 2009Kadan 14117, on August 19, 2009, by failing to repay the above loan, and the decision was finalized on September 10, 2009.

(c)

On December 31, 2015, the Korea Deposit Insurance Corporation entered into an agreement on the transfer of assets between the Defendant and the Defendant (hereinafter “the instant claim”) to transfer all assets of the bankrupt bank, including claims on the said judgment (hereinafter “the instant claim”), and notified the Plaintiff thereof.

(d)

On August 22, 2018, the Defendant filed an application for the seizure and collection order with respect to the deposit claims against the Defendant’s post office (the Republic of Korea) as the Busan District Court Branch Branch Branch of 2018, and 7186. On August 24, 2018, the above court rendered a decision on the seizure and collection order (hereinafter “instant decision”) upon the Defendant’s request, and the written decision became final and conclusive upon delivery to the post office (the Republic of Korea) and the Plaintiff of the third party debt.

Therefore, there was no balance between the defendant's deposit claims against the defendant's post office and execution according to the above decision was not made.

E. The defendant again filed an application for the seizure and collection order against the plaintiff's deposit claim against E, etc. with Busan District Court 2020 other than the Busan District Court 2020, and the above court made a decision following the defendant's application on June 15, 2020, and the above decision was delivered to E, etc. and the plaintiff to the third party debt E, etc.

F. The Defendant again seizes the Plaintiff’s deposit claim against the Fent Partnership as Busan District Court Branch Order 2020, 108501.

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