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(영문) 서울중앙지방법원 2020.07.21 2020가단10617
면책확인
Text

1. The Defendant’s Plaintiff is based on the Seoul Central District Court Decision 2017Gaso5658 Decided August 10, 2017.

Reasons

1. Basic facts

A. On November 24, 2006, the non-party Korea Asset Management Corporation filed a lawsuit against the plaintiff as Seoul Central District Court Decision 2006Da1883106, and the above court rendered a judgment that "the defendant shall pay to the plaintiff 2,568,843 won and 1,160,761 won with interest of 24% per annum from February 1, 2006 to the date of full payment," and the judgment became final and conclusive as it is.

(hereinafter referred to as “prior judgment”). At the time, both service on the Plaintiff was made by public notice.

B. After that, the Korea Asset Management Corporation transferred the above claim to the Defendant on September 18, 2012, and the Defendant applied for a collection and seizure order against the Defendant’s deposit claims against the Seoul Northern District Court 2015TTTT Co., Ltd. as Seoul Northern District Court 2015TTTT1956 based on the prior judgment, and the said court issued a collection and seizure order upon the Defendant’s application on October 26, 2015.

On December 2, 2015, the Plaintiff directly received the original copy of the decision on the seizure and collection order.

C. Meanwhile, in order to interrupt extinctive prescription of the above claim, the Defendant filed a lawsuit against the Plaintiff on the claim for the amount of acquisition by transfer as Seoul Central District Court Decision 2017Da5814658, and received a favorable judgment on August 10, 2017, which became final and conclusive on September 7, 2017.

(hereinafter referred to as the “instant judgment”). In this case, both service on the Plaintiff was made by public notice.

On September 10, 2018, the Plaintiff filed a bankruptcy and an application for immunity with the Seoul Rehabilitation Court 2018Hadan3823,2018,3823, and received a decision to grant immunity on January 17, 2019. The decision to grant immunity became final and conclusive on February 2, 2019. The list of creditors submitted by the Plaintiff to the court regarding the above bankruptcy and exemption cases is not indicated by the Defendant’s claim.

[Grounds for Recognition: Evidence Nos. 1 through 3, 5, Evidence No. 2-1, 2-2, purport of the whole pleadings]

2. Determination

A. The Parties’ assertion.

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