(영문) 수원지방법원안양지원 2015.07.15 2015가단1589

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(영문) 수원지방법원안양지원 2015.07.15 2015가단1589

채무부존재확인

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1. The plaintiff's request shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1-1, 2, 3, and 1-1, 1-2:

The Defendant’s claim 1) On January 27, 2005, the Defendant against the Plaintiff, C, and D with the agreement amounting to KRW 8,860,00 and interest thereon, delay damages (hereinafter “instant agreement amount”) as the agreement amounting to KRW 8,860,00,00 from the Suwon District Court 2005 Ghana946, Suwon District Court 2005.

(2) On January 28, 2005, the above court filed a lawsuit against the Plaintiff, C, and D seeking payment of the agreed amount. On January 28, 2005, the above court rendered a decision of performance recommendation with the purport that “the Plaintiff, C, and D shall jointly and severally pay the Defendant an amount calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment.” The above decision of performance recommendation was finalized on April 2, 2005. 2) After that, on February 13, 2015, the Defendant again filed a lawsuit against the Plaintiff, C, and D for the interruption of extinctive prescription of the claim for the agreed amount of money of this case against the Plaintiff, C, and D, Incheon District Court Decision 2015Da2094, Feb. 26, 2015, the above court made a decision of performance recommendation with the agreed amount of money of KRW 8,860,00 and KRW 305.0.

B. The plaintiff's bankruptcy and immunity 1) Meanwhile, on October 13, 2006, the plaintiff filed a petition for bankruptcy with the Suwon District Court 2006Hadan10140 on October 13, 2006, and filed a petition for immunity with the 11692 on June 19, 2007 from the above court, which was declared bankrupt on June 19, 2007, which was exempted from immunity on August 21, 2007, and the above immunity became final and conclusive on September 5, 2007.

2. The assertion and judgment

A. The plaintiff's assertion is that at the time of filing an application for bankruptcy and exemption with the Suwon District Court.

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