청구이의의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant filed a lawsuit against the plaintiff as Cheongju District Court 2007Kadan9262, which stated that "the plaintiff shall pay to the defendant 40,532,053 won and 17% per annum from October 25, 2003 to November 30, 2007 and 20% per annum from the next day to the day of full payment."
The above judgment was finalized as it is.
B. Since then, for the interruption of extinctive prescription of the claim based on the above judgment, the Defendant filed an application for payment order against the Plaintiff as Seoul Eastern District Court 2017 tea2171 and rendered a payment order identical to the above judgment except for the damages for delay.
The plaintiff received the original of the payment order on September 19, 2017 and then received it directly for the same year.
9. 25. The objection against the above payment order was raised.
C. Following the Plaintiff’s filing of objection, the instant case was conducted as a litigation (Dong Branch District Court 2017Gadan136789).
On May 25, 2018, the court rendered a judgment in favor of the Defendant that “the Plaintiff shall pay to the Defendant 40,532,053 won per annum from October 25, 2003 to November 30, 2007, the amount calculated at the rate of 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the next day to September 30, 2015,” with the content that “the Plaintiff shall pay 40,532,053 won per annum and the amount calculated at the rate of 15% per annum from the next day to the day on which the Defendant shall pay” (hereinafter the above judgment).
The original of the above judgment was served on the Plaintiff, and the above judgment became final and conclusive.
On the other hand, on June 12, 2018, the Plaintiff filed an application for bankruptcy and exemption and filed a declaration of bankruptcy on August 20, 2018, and filed a decision to grant immunity on November 8, 2018, respectively, and the decision to grant immunity became final and conclusive on November 23, 2018.
(Seoul Rehabilitation Court 2018Hadan2398, 2018, 2398).