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(영문) 서울남부지방법원 2020.01.08 2019가단241329

집행문부여의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty D Co., Ltd (hereinafter referred to as “D”) held an amount calculated by the rate of 25% per annum from June 18, 2016 to the date of full payment (Seoul Southern District Court Decision 2016Da2308778 Decided December 2, 2016) with respect to KRW 57,419,804 and KRW 54,75,678 among them within the scope of KRW 72,00,00 for the Defendant.

B. D around October 2018, “the instant claim” refers to the Plaintiff’s claim against the foregoing judgment amount.

(C) On January 31, 2018, the Defendant was granted a decision of immunity by the court (in the case of Incheon District Court 2017: 100231) and the decision became final and conclusive. The list of creditors submitted by the Defendant to the court in the course of bankruptcy and exemption is indicated in the claim in this case. The fact that there is no dispute over the grounds for recognition, Gap’s evidence Nos. 1-4, Eul’s evidence Nos. 1-1 and 2, and the purport of the entire pleadings

2. The Plaintiff, as the assignee of the instant claim, sought the grant of the succeeding execution clause for compulsory execution against the Defendant, but the Defendant, like the above basic facts, was exempted from liability for the instant claim by obtaining immunity through bankruptcy proceedings, and thus, the Plaintiff’s assertion is without merit.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.