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(영문) 대구지방법원김천지원 2015.08.19 2015가단3071

전세금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendant for the claim for lease on a deposit basis with the Daegu District Court Kimcheon Branch of 94Gadan2394, and the above court rendered a judgment on June 9, 1994 that “the Defendant shall pay to the Plaintiff the amount of KRW 37.5 million with interest of KRW 25% per annum from May 4, 1994 to the date of full payment,” and the above judgment became final and conclusive around that time.

B. The plaintiff filed a lawsuit against the defendant against the defendant as Daegu District Court Kimcheon-dong 2004Gadan3419, and the above court rendered a judgment on May 12, 2005 that "the defendant shall pay to the plaintiff 37.5 million won and interest at the rate of 25% per annum from May 4, 1994 to the date of full payment." The above judgment became final and conclusive on June 8, 2005.

C. On July 10, 2007, the Defendant filed a bankruptcy and application for immunity with the Daegu District Court 2007Hadan8620, 2007 Ma8620 and 8620, and received a decision of immunity from the above court on October 20, 2008. The above decision became final and conclusive on November 6, 2008 (hereinafter “the decision of immunity of this case”), and the Plaintiff’s claim for the return of the deposit amount of KRW 37,50,000 against the Defendant (hereinafter “the claim of this case”) was not entered in the list of creditors.

The defendant filed a lawsuit against the plaintiff as Daegu District Court 2014Kadan30756, the Daegu District Court 2014Kadan30756, and the above court rendered a judgment on March 27, 2015 that "the compulsory execution based on the decision of the Daegu District Court 2004Kadan3419 decided May 12, 2005 against the defendant shall not be permitted," and the judgment of the appellate court shall be in progress by filing an appeal by the plaintiff.

(Reasons for Recognition) The Daegu District Court 2015Na5505. [Ground for Recognition] The fact that there is no dispute, Gap evidence 1 through 3, Eul evidence 1 through 4, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion filed the instant lawsuit in order to extend the prescription period of the instant claim, which was rendered a favorable judgment, in the previous lawsuit.