(영문) 서울고등법원 2015.07.17 2015나2019672

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(영문) 서울고등법원 2015.07.17 2015나2019672

[소멸시효연장을위한]대여금반환청구의소

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts may be acknowledged by compiling the whole purport of the pleadings in each entry in Gap evidence 1-1 and 2:

On November 11, 2004, the Plaintiff filed a lawsuit against the Defendant for a loan claim with the Suwon District Court Decision 2003Gahap15269, and was sentenced by the same court on November 11, 2004, “The Defendant shall pay to the Plaintiff the amount of KRW 160,000,000 among the above and the amount of KRW 60,000,000,000 from May 1, 1997; KRW 100,000,000 per annum from May 16, 1997 to September 14, 2004; and KRW 5% per annum from the next day to the day of full payment” (hereinafter “the instant judgment”). The said judgment became final and conclusive at that time.

B. The Plaintiff filed the instant lawsuit on November 4, 2014 for the extension of extinctive prescription of the instant judgment claim.

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 160,000,000 won and 60,000,000 won among them according to the above final judgment, 5% per annum from May 1, 1997 to September 16, 2004, and 20% per annum from the next day to the day of full payment.

3. Judgment on the defendant's defense of immunity and the plaintiff's non-exempt claims

A. The defendant's defense against the defendant's defense of immunity is a defense to the effect that the defendant was exempted from the claim of the judgment amount in this case since the decision decision became final and conclusive in the bankruptcy procedure. Thus, according to each of the evidence Nos. 2 through 5, the defendant's defense against the defendant's defense against the defendant was declared bankrupt on March 12, 2013 (201Hadan474) by filing a petition for bankruptcy and immunity with the Suwon District Court for immunity, and on October 21, 2013 (2012Hadan444), and the above decision of immunity becomes final and conclusive on November 5, 2013. According to the above fact of recognition, the defendant's immunity against the defendant shall be granted to the bankruptcy creditor unless there are any special circumstances.

유사 판례

-서울고등법원 2015. 7. 17. 선고 2015나2019672 판결

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