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(영문) 인천지방법원 2018.12.20 2018나52085

청구이의

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 6, 2003, the Plaintiff borrowed KRW 1.5 million from the Defendant and received KRW 1.55 million, deducting KRW 1.5 million from the prior interest.

(2) On the same day, the Plaintiff registered the establishment of a right to collateral security with the Defendant as the mortgagee, the obligor, and the claim amounting to KRW 1.5 million to the Defendant on the same day.

B. On May 17, 2006, the Plaintiff filed an application for bankruptcy and immunity with the Seoul Central District Court Decision 2006Hadan13312, 2006Ma14136.

The above court against the plaintiff

7. 4. Decision on bankruptcy;

7. The above bankruptcy decision was finalized on October 24 of the same year, and the decision of immunity was made on November 9 of the same year and the decision of immunity became final and conclusive on November 9.

(hereinafter referred to as the “instant immunity”). At the time when the Plaintiff applied for bankruptcy and exemption, the Plaintiff did not enter the instant claim in the list of creditors.

C. On May 24, 2006, the Defendant filed a lawsuit for a loan claim with the Incheon District Court Branch Decision 2006Hu3642, which requested the payment order against the Plaintiff, but the original of the payment order was not served due to the addressee’s unknown address, and the Defendant filed a lawsuit for the loan claim with the Incheon District Court Branch Branch Decision 2007Gau23391.

The above lawsuit was proceeded by public notice, and on June 15, 2007, "the defendant (the plaintiff of the lawsuit in this case) paid to the plaintiff (the defendant of the lawsuit in this case) 1.5 million won with interest of 60% per annum from January 6, 2003 to the day of complete payment" was finalized around that time.

(hereinafter “instant final judgment”) d.

On the other hand, on August 25, 2017, the Defendant filed a lawsuit claiming a loan (hereinafter “instant lawsuit seeking the extension of prescription”) with the Incheon District Court Branch Branch Office 2017 Ghana24171 for the extension of the statute of limitations of the final judgment of this case (hereinafter “the instant lawsuit”), and on February 1, 2018 “Defendant (the Plaintiff of the instant lawsuit)” (the Plaintiff of this case) shall be the Plaintiff.