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(영문) 광주지방법원순천지원 2017.10.19 2017가단1251
청구이의
Text

1. The Defendant’s order based on the original payment order for the instant case No. 2016Hu3705 against the Plaintiff was rendered by the Gwangju District Court.

Reasons

1. Basic facts

A. On July 12, 1994, the Credit Livestock Industry Cooperatives (hereinafter “Credit Livestock Industry Cooperatives”) extended a loan of KRW 10 million to the principal debtor B, with interest rate of KRW 12.5% per annum, and due date of payment on July 12, 1997 (hereinafter “instant loan”). Defendant and C provided joint and several surety for the above loan obligations by Defendant and C.

(hereinafter referred to as the "joint and several sureties of this case".

In order for the Plaintiff to claim payment of the joint and several surety obligation of this case against the Gwangju District Court 200Da578, the Hancheon-si District Court 2000Da578, and the above payment order was issued on February 24, 200 and became final and conclusive around that time.

On April 21, 2000, the Credit Union received the order for the above payment as a title of execution and was decided to specify the property by the Busan District Court 2000Kaman132.

C. On May 9, 2002, in order to file an application with the Plaintiff for provisional seizure of real estate with the Gwangju District Court 2002Kadan976, which had been issued a decision of provisional seizure of real estate on May 10, 2002 regarding the Plaintiff’s share (2/9) among the 3972m2.9m2, Jeonnam-gun, Bosung-gun. The provisional seizure of real estate was completed on May 10, 202.

On April 6, 2009, the Plaintiff filed an application for bankruptcy and exemption with the Gwangju District Court Decision 2009Hadan1685, 2009Da1684, and was granted immunity on May 6, 2010. The aforementioned immunity became final and conclusive on May 25, 2010. The Plaintiff did not enter the joint and several surety obligation in the list of creditors of the bankruptcy and exemption case.

E. On October 24, 2012, the Credit Cooperatives transferred the above principal and interest of loan to the Plaintiff, and around that time, notified the Plaintiff of the transfer on November 16, 2012.

F. On December 2016, the Plaintiff filed an application with the Defendant and C for a payment order with the purport that “16,58,585 won and KRW 1,207,857 of the acquisition amount and KRW 16,58,585 won from December 28, 2016 to the service date of the original copy of the payment order” shall be KRW 19% per annum and KRW 15% per annum from the next day to the day of complete payment.”

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