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(영문) 수원지방법원 2018.11.23 2018가단17651

청구이의

Text

1. Compulsory execution against the Defendant’s Plaintiff by the Suwon District Court Decision 2012Gapo2517 Decided August 23, 2012.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff, etc. for the claim for reimbursement under the Suwon District Court 2012Gapo25517.

On August 23, 2012, the above court rendered a judgment on August 23, 2012 that "the plaintiff shall pay the defendant 9,130,39 won and 6,383,143 won in proportion to 19% per annum from August 23, 1999 to September 10, 2002, and 25% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time.

(hereinafter "the judgment of this case". B. The defendant's claim for indemnity against the plaintiff according to the judgment of this case is "the claim for indemnity of this case").

On March 15, 2012, the Defendant filed an application against the Plaintiff for registration in a defaulters’ list (Seoul District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office). The questioning of the Plaintiff was not served on the Plaintiff, and the cited decision issued on May 3, 20

C. On July 27, 2012, the Plaintiff was granted a decision to grant immunity (hereinafter “instant decision to grant immunity”) on February 6, 2013 upon filing an application for bankruptcy and exemption with the Daegu District Court Decision 201Hadan3569 and 2012Ma3569, and the said decision became final and conclusive on February 21, 2013.

In the above bankruptcy and exemption procedure, the Plaintiff submitted a list of creditors stating the total amount of KRW 2,386,367,703 (the total amount of principal KRW 1,807,557,067 and interest and delay damages shall be KRW 578,810,636). The claim for indemnity of this case was not entered in the list of creditors.

The Defendant, based on the instant judgment, filed an application with the Plaintiff for the seizure and collection order under the Suwon District Court Branch 2018TT 7141, and received the seizure and collection order on June 18, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 3, the purport of the whole pleadings

2. The cause of the action.