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1. The plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On February 6, 2004, the plaintiffs filed a lawsuit claiming damages against the Defendants regarding the networkF's traffic accidents under the Suwon District Court's Ansan Branch 2003Na1257, and sentenced the Defendants to pay 88,748,96 won to each of the plaintiffs, 91,448,96 won to the plaintiffs, and 91,48,996 won to the plaintiffs, and 5% per annum from March 22, 2003 to February 6, 2004, and 20% per annum from the next day to the day of complete payment. The defendants appealed appealed from the next day to October 23, 2004 to the day of complete payment. The defendants were dismissed from the judgment of Seoul High Court with the above 33,836,737 won to the plaintiffs, 308,737 won per annum and 205% per annum from March 26, 2004 to the day of complete payment.
B. The Plaintiffs filed an application for compulsory auction on Defendant D’s real estate with Suwon District Court G with title to execute the above final judgment. On March 17, 2006, the Plaintiffs received dividends of KRW 3,414,148 for Plaintiff A and KRW 3,414,147 for Plaintiff B at the above auction procedure.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. Determination as to the defendants' main defense
A. The defendants asserted that the plaintiffs' claims against the defendants were exempted from all of their claims by immunity.
B. According to the evidence Nos. 4-1, 2, 3, and 5-1, 2, and 3 of the evidence Nos. 4-1, 5-1, 2, and 3, Defendant D filed an application for bankruptcy and immunity with the Suwon District Court 2013Hadan703 (2013do7033), Defendant D received the decision of bankruptcy on October 23, 2014, and the decision of immunity on February 13, 2015, and the said decision of immunity became final and conclusive; Defendant C filed bankruptcy and application for immunity with the Suwon District Court 2013Hadan7034 (2013do7034) (2013do34) and filed the application for immunity.