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(영문) 대구지방법원서부지원 2017.08.09 2017가단3493

면책확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 17, 2004, the Plaintiff agreed with the Defendant to pay 12 million won to the Defendant jointly with the Plaintiff. The Plaintiff prepared a loan certificate stating that the Plaintiff borrowed 12 million won from the Defendant on April 30, 2005 and 2.5 million won per interest month.

B. The Plaintiff filed a bankruptcy and application for immunity with the Daegu District Court Decision 2007Hadan1782, 2007Kadan1782, the bankruptcy and application for immunity with the court on October 20, 2008 and the pertinent decision became final and conclusive on November 6, 2008 (hereinafter “instant immunity”). At the time, the Defendant’s loan principal and interest on the Plaintiff’s loan (hereinafter “instant claim”) against the Plaintiff under the foregoing paragraph (a) was not included in the list of creditors.

C. On September 30, 2014, the Defendant received a favorable judgment from the court on March 3, 2015, that “The Plaintiff and C jointly and severally pay to the Defendant the amount calculated at the rate of 12 million won per annum and 20% per annum from February 8, 2015 to the date of full payment,” which became final and conclusive on March 21, 2015, and the said judgment became final and conclusive on March 21, 2015, and the said lawsuit was conducted by public notice to the Plaintiff and C.

(hereinafter referred to as “previous Judgment”). D.

Since then, the Defendant, based on the previous judgment, requested the Plaintiff to issue a seizure and collection order against the Daegu District Court 2015TTTT1417, and received the seizure and collection order from the court on September 22, 2015. On September 25, 2015, and December 28, 2015, and June 14, 2016, the Plaintiff became aware of the existence of the previous judgment and the fact that it was conducted by service by publication through an application for perusal and reproduction of the previous judgment.

E. Even after the Plaintiff became aware of the contents of the previous judgment as described in the foregoing paragraph (d), the Plaintiff did not file an appeal for subsequent completion within a fixed period.