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1. Revocation of a judgment of the first instance;
2. The Defendant’s Branch of the Daegu District Court rendered a decision on July 16, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. B, on February 24, 2005, lent the above money to the Plaintiff by means of reimbursing the debt amount of KRW 9,000,000 to be paid by the Plaintiff to Hoho District Co., Ltd. on behalf of the Plaintiff.
Since then, on November 28, 2006, B confirmed that there was a claim of KRW 13,200,000 in total, including the balance of the loan principal and interest of KRW 8,050,000,000, and unpaid benefits of KRW 5,100,000, and agreed to receive the said credit amount from the Plaintiff for 12 months.
(hereinafter “instant contract amount”). (b)
On July 13, 2010, the Plaintiff filed an application for bankruptcy and exemption with the Daegu District Court Decision 2010Hadan4873 and 2010Ha4873, and received the exemption decision on August 30, 2011. The said exemption decision became final and conclusive on September 15, 2011, and the Plaintiff did not enter the obligation of the instant contract in the list of creditors of the said bankruptcy and exemption case.
C. On October 25, 2013, B filed an application with the Plaintiff for a payment order seeking the payment of the instant agreed amount with the Seoggu District Court Branch Branch Decision 2013 tea372, but the Plaintiff filed an objection on January 7, 2014.
Accordingly, in the above case of No. 2014 Ghana3502, the above court rendered a judgment on July 16, 2014 that "the plaintiff shall pay to B 12,200,000 won and interest calculated at the rate of 5% per annum from March 1, 2007 to December 27, 2013, and 20% per annum from the next day to the date of full payment (hereinafter "the judgment of this case")."
The instant judgment became final and conclusive August 7, 2014. D.
B transferred the instant claim to the Defendant on September 1, 2015, and notified the Plaintiff of the assignment of the claim on September 14, 2015, and the notification reached the Plaintiff around that time.
[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1, 2, and 3 (including each number; hereinafter the same shall apply), Eul evidence 1 and 2, Eul witness B's testimony and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff is in the process of proceeding the bankruptcy and exemption of liability.