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(영문) 대구지방법원 2016.03.29 2015가단38368
청구이의
Text

1. The defendant's compulsory execution against the plaintiff is denied based on the judgment of the Daegu District Court 2007Kadan61356 case.

2...

Reasons

1. Basic facts

A. In Daegu District Court Decision 96Da4258 rendered a favorable judgment against the Plaintiff regarding processing fees of KRW 28,496,00 and damages for delay calculated at the rate of KRW 25% per annum from May 25, 1996 to the date of full payment.

On August 13, 1999, the Defendant received dividends of KRW 3,683,90 in the Daegu District Court C’s claim distribution procedure case.

B. The defendant is the above A.

For the interruption of extinctive prescription of the claim as stated in the claim, the Daegu District Court filed a lawsuit against the plaintiff with the purport of claiming the payment of KRW 24,812,100 per annum and damages for delay calculated at the rate of 25% per annum from May 25, 1996 to the date of full payment, and was sentenced to a favorable judgment by pleading on August 2, 2007 (hereinafter “instant judgment”).

The above judgment was finalized on September 12, 2007.

(hereinafter referred to as the “instant claim”) a claim for the amount of judgment based on the aforementioned final judgment.

The Plaintiff filed an application for immunity with the Daegu District Court 2014Gu1361 (hereinafter “instant application for immunity”). At the time of the instant application for immunity, the Plaintiff omitted the entry of the instant claims in the list of creditors submitted at the time of the instant application for immunity.

On December 24, 2014, the Daegu District Court rendered a decision to grant immunity to the Plaintiff, and the said decision became final and conclusive on January 8, 2015.

The Defendant filed an application with the Daegu District Court No. 2015KaKao3968 with title to the instant judgment as the title of execution, and received the order to specify the property on September 10, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, Eul's 1, the purport of the whole pleadings and arguments

2. The parties' assertion

A. At the time of the Plaintiff’s claim application for immunity, the instant claim was also exempted by the immunity decision of this case, since it did not know the existence of the instant claim in the creditor list and did not result in bad faith.

Therefore, compulsory execution based on the judgment of this case should be denied.

B. The plaintiff alleged by the defendant.

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