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(영문) 대구지방법원 2018.08.22 2018나1207
청구이의
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The first instance court was made on January 24, 2018.

Reasons

1. Basic facts

A. On March 10, 2003, when B, who used a credit card issued by the Defendant under a credit card use contract with the Defendant, was unable to repay the total amount of KRW 17,468,653, which occurred for three months, the Defendant entered into an exchange agreement with the Defendant on a loan loan agreement (hereinafter “instant exchange agreement”). The Plaintiff, the spouse of B, as a joint and several liability for loans owed by B to the Defendant pursuant to the said agreement.

B. The defendant filed a lawsuit against B and the plaintiff on March 17, 2005 on the claim for the payment of credit card loans ( Daegu District Court Decision 2005Gau124127) on July 21, 2005, which stated that "the plaintiff and B jointly and severally paid to the defendant 17,810,520 won and 14,180,594 won with 24% interest per annum from March 10, 2005 to the day of full payment." The judgment of this case became final and conclusive between B and the defendant on August 17, 2005, and between B and the defendant on August 26, 2005.

C. On March 16, 2009, B filed an application for individual rehabilitation (Tgu District Court 2009, 17457, Daegu District Court 2009, 17457), and submitted a list of individual rehabilitation creditors that the Defendant included as a creditor to this court. On October 8, 2009, B decided to commence individual rehabilitation proceedings (hereinafter “individual rehabilitation proceedings”), and B’s repayment plan was approved on March 16, 2010.

B, according to the repayment plan authorized as above, from April 2010 to May 13, 2014, as seen above, repaid to the Defendant almost KRW 73,396 each month, and was granted immunity in the individual rehabilitation procedure of this case on February 3, 2015.

[Ground of recognition] Facts without dispute, Eul 1, 2, 3, 4 (including each number), the purport of the whole pleadings

2. The extinctive prescription period of a claim established by a judgment on the cause of the claim is pursuant to Article 165(1) of the Civil Act.

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