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(영문) 서울중앙지방법원 2018.01.24 2017가단91005

보증채무금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserts as follows and seeks the payment of the money stated in the purport of the claim.

1) On May 26, 2003, the Plaintiff entered into a lease contract with the Plaintiff at KRW 73,390,90,00, the lease term of KRW 36 months, the monthly payment of KRW 2,057,00, and the overdue interest rate of KRW 24% per annum. At the time, the Defendant guaranteed B’s obligation to pay the principal and interest of the Plaintiff. (2) The Seoul Central District Court Decision 2006Da40124 decided July 6, 2007. The above judgment became final and conclusive on July 26, 2007.

3. As of June 26, 2017, the above principal and interest obligation remains in total of 32,842,223 won, overdue interest 73,439,442 won, 106,281,665 won.

B. As to this, the Defendant asserted that the Plaintiff’s claim is unreasonable, since Suwon District Court 2009Da237 was granted immunity decision.

2. The fact that the Defendant’s decision on August 18, 2010 received a decision to grant immunity from Suwon District Court 2009Da2377 and the said decision to grant immunity became final and conclusive on September 7, 2010; however, the fact that the Plaintiff’s claim was not stated in the list of creditors of the above procedure for discharge does not conflict between the parties.

However, it is insufficient to recognize that the Defendant did not enter this case’s claims in the creditor list in bad faith only with the statement of evidence Nos. 1-4, and there is no other evidence to acknowledge this. Therefore, it is reasonable to deem that the instant claims have lost the power of action and executory power according to the confirmation of immunity.

3. The instant lawsuit is unlawful as there is no benefit in the protection of rights, and thus, it is so decided as per Disposition by the assent of all participating Justices.