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(영문) 대구지방법원 2019.06.21 2018가단26083
청구이의
Text

1. The defendant's judgment of Daegu District Court 2007Kadan106204 was based on the defendant's claim for loans.

Reasons

1. Basic facts

A. On December 29, 2007, the Defendant filed a claim against C, the Plaintiff, and D for the payment of the loan and its guaranteed debt (hereinafter “instant loan claims”) against C, the Daegu District Court 2007da106204, and the Defendant’s claim against C, the Plaintiff, and D for the payment of the loan and its guaranteed debt (hereinafter “instant loan claims”) on January 11, 2008 (hereinafter “instant judgment”). The judgment was rendered on January 11, 2008, that “C, the Plaintiff, and D shall pay to each of the Defendant 50 million won and its interest, and C, the Plaintiff, from December 21, 2007, and from November 24, 2007 to the day of full payment” (hereinafter “instant judgment”).

B. On September 30, 2015, the Defendant received a seizure and collection order as to the Plaintiff’s right to claim the return of deposit held by the Plaintiff, the garnishee as the executive title of the instant judgment, designating the Plaintiff, the third obligor as E Union, the F, and the Republic of Korea.

(Seoul District Court 2015TTTTT14473) c.

After all, the Defendant filed a lawsuit against the Plaintiff on November 7, 2017 for the extension of the extinctive prescription period for the foregoing judgment claim, which became final and conclusive on March 27, 2018.

On August 20, 2013, the Plaintiff filed a petition for immunity with the Daegu District Court for bankruptcy and immunity. On February 11, 2014, the Daegu District Court 2013, 3843, 2013Hadan3843, which was declared bankrupt and immunity, and on February 26, 2014, the decision to grant immunity (hereinafter “instant decision to grant immunity”).

E. At the time of the application for bankruptcy and exemption, the Plaintiff did not enter the instant loan claims in the list of creditors.

F. On March 28, 2018, the Plaintiff filed a lawsuit against the Defendant for the confirmation of exemption from liability based on the instant judgment under the Daegu District Court Branch Decision 2018Gadan3698, but the said court rendered a judgment of retirement on September 13, 2018 on the ground that there was no benefit of confirmation, and the said judgment became final and conclusive on October 2, 2018.

[Ground of recognition] Unsatisfy, A(1) through (3)

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