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1. The defendant shall pay to the plaintiff KRW 38,552,820 as well as 5% per annum from November 26, 2002 to May 13, 2004.
Reasons
1. On August 29, 2003, Cheongju District Court 2003Kadan967, Cheongju District Court 2003Na3950, Cheongju District Court 2003, Cheongju District Court 2003Na3950, which the appellate court filed against the defendant, dismissed the defendant's appeal, and upon the reduction of the plaintiff's claim, the decision of the court of first instance changed the order of the court of first instance to "the defendant shall pay to the plaintiff 38,52,820 won and the amount calculated by the rate of 5% per annum from November 26, 2002 to May 13, 2004, and 20% per annum from the next day to the day of full payment." The judgment of the appellate court became final and conclusive around that time.
The Plaintiff filed the instant lawsuit to extend the extinctive prescription of claims based on the foregoing final judgment.
【In light of the fact that there is no dispute, Gap 2 and 3 evidence, and the purport of the entire pleadings, barring any special circumstance, the defendant is obligated to pay to the plaintiff 38,552,820 won for indemnity and 5% per annum from November 26, 2002 to May 13, 2004, and 20% per annum from the next day to the day of full payment.
2. Judgment on the defendant's assertion of immunity
A. The defendant asserts that since the defendant was declared bankrupt and granted immunity from the court, he/she is exempted from the above liability.
B. Comprehensively taking account of the overall purport of the arguments in the statement Nos. 1 and 2, it is recognized that the Defendant was declared bankrupt on Oct. 17, 2008 by Cheongju District Court 2007Hadan4055, the Plaintiff’s claim for indemnity against the Defendant was a claim arising before the above declaration of bankruptcy, and the Defendant was granted immunity decision by 4057 on Mar. 17, 2009 and the above decision became final and conclusive on Apr. 2, 2009.
On the other hand, Article 566, Paragraph 7 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor shall not be exempted from liability with respect to the claim not entered in the list of creditors in bad faith, and the obligor mentioned above in the list of creditors in bad faith.