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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 27, 2011, the Plaintiff filed a lawsuit claiming a loan against the Defendant with Seoul Western District Court Decision 2010Da35780, and was sentenced by the said court to the effect that “the Defendant shall pay the Plaintiff KRW 65,00,000 and the interest calculated at the rate of 5% per annum from June 1, 2007 to July 13, 2010, and 20% per annum from the next day to the date of full payment.” The said judgment became final and conclusive around that time.
B. On September 20, 2013, the Defendant filed a petition for adjudication of bankruptcy with Seoul Central District Court 2012Hadan1520, 2012Ha1520, and filed for immunity and immunity from the above court (Seoul Central District Court 2013Ra223), and the above decision became final and conclusive around that time.
C. The Defendant paid KRW 22,00,000 to Nonparty C with the PC-invested money around 2006. However, the Defendant filed a lawsuit for the return of equity shares against Nonparty C on the ground that C did not open the PC, and the Seoul Western District Court 2013Kadan49537, which became final and conclusive as a substitute for the conciliation on January 12, 2015, stating that “C shall pay KRW 17,000,000 to the Defendant by February 28, 2015, and if the said money is not paid by the payment date, the damages for delay calculated at the rate of KRW 20% per annum from March 1, 2015 to the date of full payment.” The Defendant waives the remaining claims.
【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 2, Purport of the whole pleadings】
2. Determination:
A. The summary of the Plaintiff’s assertion is based on the executory decision rendered on January 12, 2015, Seoul Western District Court Decision 2013Da49537, the Defendant issued a seizure and collection order as to the deposit claim against Han Bank Co., Ltd., Ltd., Seoul Western District Court 2015T, Seoul Western District Court 2015TT3642, but the Defendant’s claim against C is a refund bond for the PC opening business around 2006 and is against the creditors including the Plaintiff at the time the Defendant requested the declaration of bankruptcy and exemption.