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(영문) 인천지방법원 2020.04.01 2019가단272823
구상금
Text

1. The defendant shall pay to the plaintiff KRW 42,857,130 as well as 5% per annum from July 28, 2004 to December 19, 2005.

Reasons

1. Indication of claims: They shall be as generated from the grounds for the claims in annexed Form;

(B) The term "creditor" means the plaintiff, and the term "debtor" means the defendant, respectively. 2. Judgment to recommend confession (Article 208 (3) 2, the main text of Article 150 (3) and the main text of paragraph (1) of the Civil Procedure Act)

3. The defendant's argument against the defendant (i) although the defendant was granted a decision of immunity in this court around 2007 and the decision of immunity became final and conclusive as is on November 2007, the plaintiff's assertion that his claim against the defendant is so-called "non-exempt claim" as provided by Article 566 subparagraph 5 of the Debtor Rehabilitation and Bankruptcy Act, the defendant's assertion that the plaintiff's claim against the defendant is legitimate and thus cannot be accepted, and (ii) "personal circumstance" cannot be a justifiable ground to block the plaintiff's claim. (iii) The plaintiff received "claim and collection order" within 10 years after the judgment becomes final and conclusive, and thereafter filed the lawsuit of this case within 10 years thereafter, there is no room to apply the provisions of Article 174 of the Civil Act to this case, and therefore, the defendant's argument that the defendant's claim against the defendant is insufficient to accept all of them).

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