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(영문) 서울중앙지방법원 2017.12.15 2017가합542272

청구이의

Text

1. The Defendant’s assertion against the Plaintiff is based on the Seoul Central District Court Decision 2010Kahap36846 Decided August 24, 2011.

Reasons

1. Basic facts

A. On August 24, 2011, the Defendant filed a lawsuit against the Plaintiff seeking reimbursement, etc. under the Seoul Central District Court 2010Gahap36846 (hereinafter “instant prior suit”) and was sentenced to the following judgment. The said judgment became final and conclusive on November 30, 2011.

(hereinafter referred to as the above judgment of this case is "the final judgment of this case" and monetary claims against the defendant against the plaintiff by the above judgment are "the claim of this case"). 1. The plaintiff (the defendant of this case)

A. Defendant Emex, Embrote Co., Ltd., Alcom Co., Ltd., Alcom Co., Ltd., Alcom Co., Ltd., Emb, C, D (Plaintiffs of this case), D,14,120 jointly and severally, and 487,614,381 won from April 14, 2010 to November 30, 2010, 19% per annum from the next day to the date of full payment, and 20% per annum from the next day to the date of full payment;

B. Defendant Empiex, AFC, P, C (Plaintiff in this case), D, and F jointly and severally pay 260,323,690 won and 19% per annum from April 14, 2010 to November 30, 2010, and 20% per annum from the following day to the date of full payment.

B. After that, in the Seoul Central District Court Decision 2016Da3699 (Declaration of Bankruptcy, 2014Hadan3699), the Plaintiff was granted immunity on October 22, 2014 and the above immunity became final and conclusive on November 7, 2014. The Plaintiff entered the Defendant’s claim in the creditors list at the time.

C. Meanwhile, on April 17, 2017, the Defendant issued a collection order for the amount until it reaches the above claim amount among the claims, such as the Plaintiff’s claim for the withdrawal of deposit money and the claim for withdrawal of deposit against the Republic of Korea, as Seoul Southern District Court Decision 2017TTTT 103508, the claim amount of KRW 114,075,060, out of the judgment amount.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. The cause of the action.