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1. The Defendant’s KRW 32,084,860 for the Plaintiff and KRW 20% per annum from September 28, 2007 to September 30, 2015.
Reasons
1. Basic facts
A. On September 18, 2007, the Plaintiff filed a lawsuit against the Defendant for the claim for the payment of goods, and was sentenced to the judgment on April 8, 2008 that "the Defendant shall pay to the Plaintiff 32,084,860 won and the amount calculated by the rate of 20% per annum from September 28, 2007 to the date of complete payment" (hereinafter referred to as "the Plaintiff's claim under the above judgment"), and the above judgment was finalized on June 26, 2008.
B. Next, on January 31, 2011, the Defendant filed an application for bankruptcy and exemption and received a ruling of bankruptcy and exemption from liability under the Daegu District Court 201Hadan578 (201Hau578) on September 7, 2011, and the said ruling became final and conclusive on September 23, 2011, and the instant claim was not entered in the list of creditors in the bankruptcy and exemption procedure.
C. On June 22, 2018, the Plaintiff filed the instant lawsuit against the Defendant to interrupt the extinctive prescription of the instant claim, and the duplicate of the instant complaint was served on the Defendant on July 4, 2018.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 to 3, the purport of the whole pleadings
2. The parties' assertion
A. On April 8, 2008, the Plaintiff was sentenced to the Daegu District Court Decision 2007Kadan98754 (Seoul District Court Decision 2007Kadan98754 that “the Defendant shall pay to the Plaintiff 32,084,860 won and damages for delay.” After that, even if the Defendant received the decision of bankruptcy and exemption from liability as the Daegu District Court Decision 201Hadan578 (201Mo578), the Defendant did not enter the instant claim in the creditors’ list in bad faith during the bankruptcy and exemption from liability, and thus, the Defendant did not be exempted from liability for the instant claim.
Therefore, the defendant is obligated to pay to the plaintiff 32,084,860 won and damages for delay.
B. On September 7, 2011, the Defendant’s summary of the Defendant’s assertion obtained a ruling of bankruptcy and exemption from liability under the Daegu District Court Decision 201Hadan578 (201Hau578). This case’s bankruptcy and exemption procedure.