청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On December 18, 2000, the Defendant filed a lawsuit against the Plaintiff for the claim for reimbursement of the Daegu District Court 98Kadan89642, and the said lawsuit was concluded upon mediation that “the Plaintiff shall pay to the Defendant the amount of KRW 24,007,110 as well as the amount calculated at a rate of 5% per annum from June 24, 1998 to November 12, 1998, and 25% per annum from November 13, 1998 to the date of full payment.”
(hereinafter referred to as "claim for Adjustment of this case"). B.
On May 10, 201, the Defendant filed a lawsuit for revocation of fraudulent act against the Plaintiff, as Daegu District Court 200Kadan8086, and on May 10, 2001, the above court rendered a judgment to revoke the contract to lease on a deposit basis and the contract to sell a deposit basis between the Plaintiff and B, and to cancel the registration of establishment of a right to lease on a deposit basis and the registration of ownership transfer under B’s name. The above judgment became final and conclusive after the dismissal of B’s appeal (Tgu District Court 2001Na10463) on November 14, 2001.
C. Since then, the Defendant received dividends from the Daegu District Court D in the auction procedure of real estate rent for the real estate owned by the Plaintiff and appropriated the dividends from June 24, 1998 to June 22, 2002 for the overdue interest accrued from June 24, 1998.
The Plaintiff was declared bankrupt on September 26, 2008 and granted immunity on December 5, 2008 by the Daegu District Court 2008Hadan3616, 2008, 3616, and 3616, and was granted a decision of immunity on December 2008, and the above decision of immunity became final and conclusive on December 20, 2008. The claim of this case was not entered in the list of creditors of the above application of immunity.
E. The Defendant filed an application against the Plaintiff for a payment order based on the instant conciliation claim (Tgu District Court 201 tea4082), and the said court shall pay 24,007,10 won to the Defendant as of May 6, 201, and 5% per annum from June 24, 1998 to November 12, 1998; 25% per annum from November 13, 198 to the delivery date of the original copy of the payment order (Tgu District Court 201 May 12, 201); and 25% per annum from the following day to the payment date.