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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. The defendant filed a lawsuit seeking the payment of a loan against the plaintiff. The process and result of the lawsuit are as follows 1) and 2).
1) On February 21, 2005, the Defendant filed a lawsuit against the Plaintiff and C seeking payment of loans under the Daegu District Court Branch Branch Branch of 2005Kadan2217, and on June 7, 2005, the Defendant and C filed a lawsuit against the Plaintiff for payment of loans. The Defendant and C filed a lawsuit against the Plaintiff for payment of the loans with the amount of KRW 50,000,000 on May 31, 2006, and the Defendant jointly and severally paid to the Plaintiff KRW 50,000 until May 31, 2006: Provided, That where the above payment date is not made by the above payment date, the Defendant shall pay the unpaid amount at a rate of 20% per annum from the day following the date of payment to the day of full payment. (2) Meanwhile, the Defendant filed a lawsuit against the Plaintiff for payment of the loans with the Plaintiff KRW 205Da64799, Sept. 12, 2005, as stated in the instant order of performance recommendation was served on September 29, 2005.
B. On January 17, 2013, the Plaintiff filed an application for bankruptcy and immunity with the Daegu District Court Decision 201Hau4848, 201, 4848, and received a decision of immunity from the said court (hereinafter “instant decision of immunity”). The said decision became final and conclusive on February 2, 2013.
However, the plaintiff did not enter the defendant's claim under the above paragraph (a) in the list of creditors submitted at the time of application for bankruptcy and exemption.
C. The defendant brought a lawsuit against the plaintiff in order to extend extinctive prescription as to claims for which conciliation under the above paragraph (a) has been made and for which a decision of performance recommendation has become final and conclusive. The process and result of the lawsuit are as follows 1) and 2).
(hereinafter) Each of the following judgments is referred to as the “each of the preceding lawsuits of this case.” On October 30, 2015, the Daegu District Court’s Pohang Port (U.S.) supports the claims for which mediation has been completed.