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(영문) 인천지방법원 2017.11.09 2017가단9823
청구이의
Text

1. The Defendant’s decision on performance recommendation is based on the Incheon District Court’s decision on July 31, 2015 2015 Ghana457057.

Reasons

1. Facts of recognition;

A. On August 1, 1992, the plaintiff driving a non-insurance vehicle and caused the traffic accident. The defendant paid 7,430,000 won to the injured party in accordance with the Guarantee of Automobile Accident Compensation Act and acquired the claim for indemnity against the plaintiff.

B. The Plaintiff paid the Defendant in installments, and the Plaintiff paid KRW 1,80,000,000 to the Defendant on February 3, 2003. Finally, the Plaintiff paid the Defendant a total of KRW 1,80,000 until that time.

C. On March 24, 2005, the Defendant filed a lawsuit against the Plaintiff for reimbursement under the Incheon District Court 2005 Ghana108189.

On August 10, 2005, the above court rendered a favorable judgment against the defendant that "the defendant (the plaintiff in this case) shall pay 5,630,000 won to the plaintiff (the plaintiff in this case) and 5% per annum from September 4, 1992 to August 7, 2005, and 20% per annum from the next day to the day of full payment."

On August 26, 2005, the original of the above judgment was served by public notice, and the above judgment became final and conclusive on August 26, 200

(hereinafter referred to as “the judgment of prior service by publication,” and the Defendant’s claim for indemnity against the Plaintiff (hereinafter referred to as “instant claim”).

In order to extend the prescription period of the judgment on prior service by public notice, the Defendant filed a lawsuit for reimbursement with the Incheon District Court 2015 Ghana457057. On July 31, 2015, the said court rendered a decision on performance recommendation with the purport that “The Defendant (the Plaintiff of this case) shall pay to the Plaintiff (the Defendant of this case) KRW 5,630,000 per annum 5% from September 4, 1992 to August 7, 2005, and 20% per annum from the next day to the full payment date.” The said decision on performance recommendation was finalized on August 20, 2015.

(hereinafter referred to as “instant decision on performance recommendation”). (e)

On the other hand, on July 31, 2007, the Plaintiff filed a petition for bankruptcy and immunity with the Incheon District Court 2007Hadan8906 (207Hahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh).

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