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(영문) 서울중앙지방법원 2020.12.10 2020가단30703
청구이의의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed an application with the Seoul Central District Court for immunity and declaration of bankruptcy as Seoul Central District Court No. 1149 and 2012Hadan1149. On May 29, 2012, the Plaintiff was declared bankrupt by the Seoul Central District Court and was granted immunity from the Seoul Central District Court on November 14, 2012.

The list of creditors at the time of bankruptcy and immunity includes “B Co., Ltd., principal 14,866,493 won, interest and delay damages 32,453,621 won.”

The above declaration of bankruptcy and decision to grant immunity became final and conclusive thereafter.

B. C Co., Ltd (mutual change to B Co., Ltd. on October 5, 2007) on June 30, 2003, transferred the card theory and cash loan claim 14,86,493 won to the Plaintiff (hereinafter “instant bonds”) to the Defendant on June 30, 200, and notified the Plaintiff of the transfer on the same day.

C. The Defendant filed a lawsuit against the Plaintiff seeking the payment of the instant claim under Seoul Central District Court Decision 2007Gaso2463687.

On November 23, 2007, the above court rendered a decision of performance recommendation that "the plaintiff shall pay to the defendant 31,885,546 won and 14,866,493 won which shall be 25% interest per annum from November 1, 2007 to the date of full payment." The plaintiff and the defendant did not object to the above decision of performance recommendation, and the decision of performance recommendation was finalized on December 15, 2007.

In order to extend the extinctive prescription of the instant claim that became final and conclusive upon the decision of performance recommendation, the Defendant filed an application for payment order with the Seoul Central District Court No. 2017 tea47456, Nov. 27, 2017; and the said court rendered a decision on payment order on Nov. 27, 2017 that “The Plaintiff shall pay to the Defendant damages for delay calculated at the rate of 25% per annum from November 1, 2007 to the date of full payment” with respect to KRW 31,85,546 and KRW 14,86,493 among them, and the said payment order became final and conclusive on December 27, 2017.

(hereinafter referred to as "each of the titles of execution of the instant case" in total of payment orders and judgments). [Grounds for recognition] There is no dispute, entry of Gap evidence Nos. 1 through 6, and the purport of the whole pleadings.

2. The argument and judgment.

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