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1. The Defendant’s decision is based on the Seoul Southern District Court Decision 2010Kadan97482 Decided May 17, 201.
Reasons
1. Facts of recognition;
A. The Defendant, as Seoul Southern District Court 2010Kadan97482, lent KRW 15 million to C on June 25, 2007 under the Plaintiff’s joint and several surety, and filed a lawsuit against the Plaintiff seeking the payment of the loan amounting to KRW 1.5 million and the damages for delay.
B. On May 17, 2011, the above court rendered a judgment with the purport that “the Plaintiff shall pay to the Defendant the amount of KRW 15 million with interest of KRW 24% per annum from August 1, 2007 to the date of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive around that time.
C. In the above loan litigation procedure, the service to the Plaintiff was conducted by public notice, and the original copy of the judgment was also served by public notice.
On September 20, 2018, the Plaintiff: (a) filed an application for adjudication of bankruptcy and exemption (hereinafter “instant bankruptcy exemption case”); (b) was declared bankrupt on November 12, 2018 by the said court; and (c) was granted the immunity decision on February 7, 2019 (hereinafter “instant immunity decision”).
The decision to grant immunity in this case was finalized on February 23, 2019.
E. The list of creditors in the bankruptcy exemption case of this case does not indicate the Plaintiff’s claim against the Defendant.
F. The Defendant requested D Co., Ltd. (hereinafter “D”) to collect the instant judgment amount, and D notified the Plaintiff of the fact that it was entrusted with the collection of the principal amount of the loan amounting to KRW 15 million from the Defendant on June 2020.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number), the purport of the whole pleadings
2. Determination
A. The Plaintiff’s decision on the cause of the claim is rendered with the decision to grant immunity of the instant case, and the Plaintiff’s bankruptcy claim occurred before the declaration of bankruptcy pursuant to the former part of Article 566 of the Debtor Rehabilitation and Bankruptcy Act.