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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 20, 1997, the defendant lent KRW 22,490,00 to the plaintiff, and filed a lawsuit against the plaintiff for loans (98da24802) with the Seoul District Court Southern Branch of the Seoul District Court in favor of the plaintiff that "the plaintiff shall pay to the defendant the amount of KRW 22,490,000 and the interest calculated at the rate of 25% per annum from August 29, 1998 to the date of full payment (the decision was rendered by service by public notice)" (the above decision was finalized on November 8, 1998.
(hereinafter referred to as “final and conclusive judgment”). (b)
On February 1, 2005, the Plaintiff filed a petition for bankruptcy with the Seoul Central District Court 2005Hadan899, and was declared bankrupt on August 31, 2005, and filed a petition for immunity with the Seoul Central District Court 2005Ra9368 on September 28, 2005, and the decision to grant immunity on July 5, 2006 (hereinafter “the decision to grant immunity”) became final and conclusive around that time.
C. After that, on December 28, 2007, the Plaintiff filed a lawsuit for loans with the Seoul Southern District Court 2007Da110217, which was identical to the previous suit, for the interruption of the extinctive prescription of the claim based on the final judgment of the previous suit, and on May 8, 2008, the Plaintiff rendered a judgment without holding any pleadings (hereinafter “the instant judgment”), stating that “the Plaintiff shall pay to the Defendant the amount of KRW 22,490,000 and the interest calculated at the rate of 20% per annum from March 6, 2008 to the date of full payment” (hereinafter “the instant judgment”), and the said judgment was served on the Plaintiff by public notice on June 13, 2008.
Accordingly, on May 3, 2016, the Plaintiff submitted a written appeal for subsequent completion to the said court. The said appellate court concluded the pleadings on September 8, 2016, and rendered a judgment dismissing the Plaintiff’s appeal on November 10, 2016, by recognizing the Plaintiff’s appeal for subsequent completion as lawful. The said judgment became final and conclusive depending on the fact that the Plaintiff did not appeal.
E. In the above appellate procedure, the Plaintiff received bankruptcy and immunity after the final and conclusive judgment of the previous suit, and therefore Seoul Southern District Court 2007Kadan110217.