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(영문) 서울중앙지방법원 2020.06.04 2019가단56518

면책확인의 소

Text

1. The Defendant’s claim against the Plaintiff is based on the Seoul Central District Court Decision 2017Da507238 Decided July 11, 2017.

Reasons

1. Basic facts

A. On September 21, 2006, the defendant filed a lawsuit against the plaintiff as Seoul Central District Court 2006Da358023, and was sentenced on March 23, 2007, "the plaintiff shall pay to the defendant 31,094,519 won and 31,094,292 won among them, interest rate of 17% per annum from June 3, 2004 to February 27, 2007, and interest rate of 20% per annum from the next day to the day of complete payment." The above judgment became final and conclusive on April 14, 2007.

The above judgment was carried out by service by public notice to the defendant.

B. For the interruption of extinctive prescription, the Defendant filed a lawsuit against the Plaintiff for the claim for reimbursement with the Seoul Central District Court Decision 2017Da507238, and was sentenced to the judgment on July 11, 2017, that “as to KRW 31,94,851, and KRW 31,094,292 from June 3, 2004 to February 27, 2007, KRW 17% per annum; and KRW 20% per annum from the next day to June 2, 2017; and KRW 15% per annum from the next day to the day of full payment” (hereinafter “instant enforcement judgment”); and the said judgment became final and conclusive around that time.

The above judgment was also conducted by service by public notice to the defendant.

C. On November 22, 2019, upon the judgment of the executive title of this case, the Defendant applied for a collection order for the seizure and collection of the claim against the Plaintiff, the garnishee Co., Ltd., D Association, and the Republic of Korea as the Suwon District Court 2019TT127340, and was cited on November 27, 2019.

On the other hand, the Plaintiff entered the Suwon District Court 2018Hadan3400 and the application for immunity 2018 Ma3400 and 2018 Ma3400 on June 19, 2019, and received a ruling of bankruptcy, and subsequently granted a decision of immunity on September 20, 2019. The decision of immunity became final and conclusive on September 20, 2019. The Plaintiff stated “creditor E (ownership)” in the list of creditors, “total amount of KRW 70,431,082 (= principal amount of KRW 19,736,049, interest and delay damages amount of KRW 50,695,033)” but omitted the obligation of indemnity against the Defendant.

[Ground of recognition] Evidence A Nos. 1 through 4, this Court's significant facts, and all pleadings.