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(영문) 인천지방법원 2017.01.19 2016나12854

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

purport.

Reasons

1. As to the cause of claim

A. Fact 1) The plaintiff filed a lawsuit for reimbursement related to traffic accidents that occurred on June 4, 198 by the Incheon District Court Branch Decision 2005Gadan90274, which occurred on June 4, 198 (hereinafter "the claim amount of this case"), and the decision of performance recommendation was not served on the defendant. The court of this case delivered the copy of the above complaint to the defendant on November 24, 2005 by means of service by public notice. 2) The court of this case on January 20, 2006 and sentenced the same judgment as written in the purport of the claim. On February 8, 2006, the delivery of the original copy of the judgment to the defendant on February 29, 2006 became effective, and the above judgment was finalized on February 23, 2006 (hereinafter "the judgment of the court of appeal").

B. The Defendant is obligated to pay the Plaintiff the money stated in the claim.

2. As to the defendant's argument

A. The decision of immunity became final and conclusive without entering the claim for reimbursement of this case in the list of creditors.

The validity of exemption is still applicable, since a copy of the complaint and the original copy of the judgment in the previous suit were served by public notice, and the previous suit was not known, and the Plaintiff did not know of the claim for indemnity of this case due to the failure to obtain separate notice from the Plaintiff.

B. The facts of recognition are as follows: (a) the Defendant was declared bankrupt on February 21, 2013 by the Incheon District Court 2012Hadan1878, and on September 15, 2014, the Decision on Immunity became final and conclusive on September 30, 2014 upon receipt of the Decision on Immunity by the Incheon District Court 2012Ma1876, Sept. 15, 2014; (b) the list of creditors of the bankruptcy and immunity case in question: “Korea Asset Management Corporation, B, C: 14,137,80 won; (c) Seoul Guarantee Insurance Corporation: 33,00,000 won; (d) 46,449,579 won; (d) the Credit Guarantee Fund: 114,989,527 won; and (d) D: 199,200,000 won.”

3) On June 14, 2013, the Plaintiff sent a content-certified mail demanding the payment of the instant amount of reimbursement to the Defendant’s domicile (Sacheon-si E apartment No. 401), and the Defendant’s sibling F.