면책확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On December 31, 2002, a limited liability company specializing in the securitization of Handong-gu (hereinafter “ Handong-gu”) filed a lawsuit for the claim for the transfer money (Seoul District Court 2002Gahap19715, Apr. 3, 2003) against the Plaintiff and Taedong-gu Construction Co., Ltd. (hereinafter “ Taedong-gu Construction”) and rendered a judgment that the Plaintiff and Taedong-gu Construction jointly paid the transfer money amounting to KRW 298,189,308, and damages for delay thereof, and the judgment became final and conclusive around that time.
(hereinafter referred to as the “instant claim for acquisition by transfer”). B.
On October 31, 2003, the Liquidation Financial Corporation (hereinafter "the defendant") changed into the trade name as of November 10, 2009, and received the claim for the transfer of the money from Hanman-si (Seoul District Court 2004Kaka6867) and received a decision to specify the property against the plaintiff on December 28, 2004. The plaintiff was present on the date of the above case on May 31, 2005 and submitted the list of property.
C. On September 7, 2006, the Defendant applied for a seizure and collection order concerning the Plaintiff’s claim against Samsung Life Insurance Co., Ltd. for the payment of insurance money, and received a seizure and collection order (Tgu District Court Pool Branch 2006TTT2658) on September 7, 2006.
On November 2006, the plaintiff requested the defendant to cancel the above seizure and collection order. D.
On November 14, 2012, the Defendant filed an application for payment order (Seoul Central District Court 2012 tea85195) with the Defendant on November 29, 2012 for the interruption of the extinctive prescription of the instant claim for the payment of KRW 489,578,765 and the payment order for the payment of KRW 489,578,765 to the Defendant jointly and severally. The said payment order was served on the Plaintiff on December 27, 2012 and became final and conclusive on January 11, 2013.
E. On September 27, 2016, the Plaintiff declared bankrupt and rendered a decision to grant immunity ( Daegu District Court Decision 2016Hadan1409, 2016Ma1409, 1409, hereinafter “instant decision to grant immunity”).