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(영문) 서울북부지방법원 2018.01.10 2017나2272
면책확인
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, while working as a director in charge of fund management at G Co., Ltd., transacted money with H by exchanging the bills issued by the company with the household checks held by H, the Defendant’s husband. H and the Defendant settled the amount of credit with the Plaintiff and received a cash custody certificate of KRW 90,000,000 from the Plaintiff on August 9, 1997.

In addition, the Plaintiff issued a promissory note of KRW 30,00,000 in each face value as of April 1, 1996, April 1, 1997, and December 10, 1997, jointly with the Defendant, who is a wife, E (Death on June 22, 1998), C, and D, who is a child, and written a certified promissory note on December 10, 1997.

B. On December 30, 1999, the Defendant filed a lawsuit seeking payment of KRW 90,000,000 against the Plaintiff, C, and D as Seoul District Court 99Kahap110671.

On January 20, 200, the above court served the plaintiff et al. with a copy of the complaint by public notice and proceeded with the pleadings. On March 22, 2000, the court sentenced the defendant's winning judgment. The original of the judgment was also served by public notice. The above judgment became final and conclusive on April 20, 200.

(hereinafter referred to as “instant prior suit”). C.

On January 12, 2010, the Defendant filed a claim for loans against the Plaintiff, etc. under Seoul Northern District Court 2010Kadan1699 for the extension of the extinctive prescription period of the above judgment. The duplicate of the complaint against the Plaintiff was served by F, who is a type of the Plaintiff’s type of residence at the Plaintiff’s domicile.

On April 29, 2010, the above court rendered a favorable judgment against the defendant, and the original copy of the judgment was served by F, and the above judgment became final and conclusive on June 15, 2010.

(hereinafter “instant subsequent suit”). D.

On the other hand, after the dissolution of around 1999, the company, which had guaranteed the obligation of G Co., Ltd. and had been suffering from the financial difficulties, eventually, after the dissolution of around 199, the company, which had been faced with the debt, filed a bankruptcy and application for immunity with the District Court Decision 2009Hadan489 and 2009Ra489 on January 29, 2009, and received the decision to grant the exemption on June 19, 2009. The above decision became final and conclusive on July 4, 2009.

b.0.0 c.

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