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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. Defendant A Co., Ltd. is the Plaintiff’s KRW 1,392,208,870 and its importance.
Reasons
1. Basic facts
A. On November 3, 2004, the Plaintiff filed a lawsuit against the Defendants, Nonparty C, and D, the Changwon District Court 2004Da7463, and the judgment accepting the Plaintiff’s claim was rendered on November 3, 2004 (hereinafter “instant judgment”). The said judgment became final and conclusive on January 5, 2005.
B. The text of the instant judgment is as follows.
“The plaintiff, the defendant A, C, and D shall jointly and severally pay 179,221,394 won and 157,40,631 won among them, from January 1, 1999; the defendant A, and C shall jointly and severally pay 139,468,371 won and 50,000 won among them; from January 1, 1999, from January 1, 1999 to 31,163,371 won; and from January 1, 199 to 31,163,134 won, from January 1, 1999 to 31,163,134 won; from September 21, 199; from September 1, 19, C, and B, to 119,418,156 won; from 10,000 won to 10,000 won; and from 10,000 won per annum.”
C. The Plaintiff filed the instant lawsuit for the extension of extinctive prescription of the instant judgment claim, and the Defendants’ obligations not repaid as of September 17, 2014 are as follows.
(Standard Date: On September 17, 2014, the source (based on recognition): the source); the fact that there is no dispute; the entries in Gap evidence 1 through 3; and the purport of the whole pleadings.
2. Determination
A. Defendant B, who was declared bankrupt and exempted from the obligation of the Plaintiff, asserts that Defendant B is not liable for the Plaintiff’s claim for the transfer money. In full view of the respective entries and arguments in the evidence Nos. 1 and 2, Defendant B received the adjudication of bankruptcy and exemption from the obligation of April 30, 2009 by the Changwon District Court Decision No. 2007, Apr. 10, 2009, Changwon District Court No. 4514, Apr. 10, 2007, and it is recognized that the said decision became final and conclusive on Apr. 30, 2009, and the obligor is exempted from the obligation of the bankruptcy creditor (Article 565 and 566 of the Debtor Rehabilitation and Bankruptcy Act, and barring any special circumstance, Defendant B’s transfer money obligation against the Plaintiff becomes natural and ordinary.