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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant, who is a manufacturer of cosmetics, provided cosmetics of KRW 4,176,120 on January 28, 200 by providing cosmetics of KRW 1,095,00 in the trade name with the Plaintiff operating cosmetics. The Defendant became KRW 4,176,120.
B. The defendant filed a lawsuit against the plaintiff on February 13, 2009 (Seoul Western District Court 2009 Ghana19601, hereinafter "prior lawsuit") for the same year.
6.3. The plaintiff was sentenced to a judgment that "the plaintiff shall pay to the defendant 4,176,000 won with 20% interest per annum from May 28, 2009 to the day of full payment" and the above judgment was finalized on July 2, 2009.
C. On August 13, 2012, upon filing an application for immunity and bankruptcy, the Plaintiff was declared bankrupt on December 18, 2012, and was granted immunity (Seoul Rehabilitation Court 2012, 8265) on April 17, 2013.
D, with respect to the above decision of immunity, the Plaintiff filed a complaint with the Seoul East Eastern District Court’s attachment of seized goods to an individual creditor without permission, on July 10, 2012, asserting that “the Plaintiff was suspended from indictment on the grounds of the crime of nullifying an indication in the line of duty, and intentionally failed to pay the debt” under Article 650 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”).
On August 1, 2013, the appeal court dismissed the appeal on the grounds that it is reasonable to grant discretionary immunity in consideration of various circumstances (Seoul Rehabilitation Court 2013Ra705), and the above immunity is the same year, contrary to the Plaintiff’s assertion D.
8. 17. A final and conclusive date:
On June 4, 2019, the Defendant collected KRW 4,692,284 of the Plaintiff’s deposit claim against the F Bank on June 4, 2019 with the attachment and collection order based on the final judgment of the preceding lawsuit.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion: The Plaintiff omitted the Defendant’s claim in the list of creditors in bad faith.