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(영문) 대구지방법원포항지원 2016.01.28 2015가단7426

면책확인

Text

1. On May 13, 2014, the Daegu District Court Branch Decision 2014Kadan1865 decided against the Defendant’s Plaintiff.

Reasons

1. Basic facts

A. On December 3, 2003, the Defendant filed a claim against the Plaintiff for the purchase price for the goods supplied to the Plaintiff from April 4, 2003 to June 9, 2003 (hereinafter “instant lawsuit”).

On March 11, 2004, the above court rendered a ruling that "the plaintiff shall pay to the defendant 23,484,000 won with 5% per annum from June 9, 2003 to March 11, 2004, and 20% per annum from the next day to the full payment date" (hereinafter "the judgment of this case"). The above ruling became final and conclusive on March 30, 204.

B. On April 25, 2013, the Plaintiff filed a bankruptcy and application for immunity with the Daegu District Court (Seoul District Court Decision 2013Hadan1884, 2013Ma1884, 1884). On November 19, 2013, the Plaintiff was subject to the said court’s decision of bankruptcy and abolition and immunity (hereinafter “instant decision of immunity”). The instant decision of immunity became final and conclusive on December 4, 2013.

At the time, the Defendant’s claim against the Plaintiff was omitted in the list of creditors.

C. On March 6, 2014, the Defendant filed a lawsuit claiming the purchase price (hereinafter “instant second lawsuit”) against the Plaintiff as the Daegu District Court Branch Branching 2014Kadan1865 to interrupt extinctive prescription against the claim for the first judgment amount.

On May 13, 2014, the above court rendered a ruling that "the plaintiff shall pay to the defendant 23,484,000 won with 5% interest per annum from June 9, 2003 to March 11, 2004, and 20% interest per annum from the next day to the day of full payment" (hereinafter "the second ruling of this case"), and the above ruling became final and conclusive on June 3, 2014.

On June 30, 2014, the Defendant applied for a seizure and collection order against the Plaintiff’s deposit claim pursuant to the instant judgment by the Daegu District Court Branch Branch Office 2014TTT2977, and issued a seizure and collection order on July 2, 2014 (hereinafter “instant order”), and issued a seizure and collection order on July 2, 2014.