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(영문) 청주지방법원 2019.08.16 2018나1231

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On August 18, 200, the Plaintiff filed a lawsuit against Nonparty C and the Defendant for the claim for the amount of compensation on August 18, 2000, the Cheongju District Court 2000Gaso31698. 2) The court of first instance served the Defendant with a copy of the complaint against the Defendant and a writ of summons for the date of pleading, etc. by service by public notice. On May 21, 2001, the court of first instance declared the first instance judgment accepting the Plaintiff’s claim in entirety.

(hereinafter “the judgment of the first instance court of this case”). The judgment of the first instance of this case was served on May 30, 2001 by means of service by public notice to the defendant, which became final and conclusive on June 22, 2001.

B. The Plaintiff filed an application for the seizure and collection against the Defendant on November 1, 2007, based on the final judgment of the first instance court of this case, on November 1, 2007, the Plaintiff filed a motion for the seizure and collection of the claim against the Defendant under the Cheongju District Court 2007TTT4253. 2) The above court issued the quoted decision on November 2, 2007, and on November 9, 2007, the original copy of the decision on the seizure and collection order was served on the Defendant.

C. (1) On March 21, 2011, the Plaintiff filed a lawsuit for the claim for indemnity amount against the Defendant on March 21, 201 for the extension of the prescription period for the claim for indemnity amount established by the judgment of the first instance court of this case. (2) The said court served a copy of the complaint against the Defendant, notice on the date of pleading, etc. by each service by public notice, and rendered a judgment of the first instance court citing the Plaintiff’s claim on May 25, 201.

(hereinafter “Separate Judgment of the First Instance”). The Decision of the First Instance was served on June 1, 201 by means of service by public notice to the Defendant, which became final and conclusive on June 15, 201.

On September 29, 2016, the Defendant filed a petition for bankruptcy and immunity with the Incheon District Court (Seoul District Court Decision 2016Hadan4741, 4742). At the same time, the Plaintiff’s list Nos. 5, which is the Plaintiff’s claim for indemnity of this case, stated “the claim for confirmation of joint and several surety obligation of D Co., Ltd, 12,121,109 won.”