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(영문) 대구지방법원 2019.06.27 2018가단25202
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 2010, the Plaintiff filed a bankruptcy and application for immunity with the Daegu District Court 2010Hadan6588, 2010 6588.6588, and received a ruling of bankruptcy and exemption from immunity from the said court on July 26, 2011 (hereinafter “instant decision of immunity”).

The decision to grant immunity became final and conclusive on August 13, 201.

B. At the time of filing an application for bankruptcy and exemption, the Plaintiff did not state the Defendant’s claim for the amount of the judgment (Seoul District Court Decision 2006Kadan170420) as seen below in the list of creditors.

C. On September 29, 2017, the Defendant filed a lawsuit against the Plaintiff and C with the Daegu District Court 2017Kadan2011, and received a favorable judgment against the said court that “The Plaintiff and C of this case shall jointly and severally pay to the Plaintiff (the Defendant of this case) KRW 80,000,000 and the amount calculated at the rate of 5% per annum from June 1, 2004 to January 16, 2007, and 20% per annum from the next day to the day of full payment”, and the above judgment became final and conclusive as is.

1. On October 10, 2006, the Plaintiff received a claim for the remainder of construction price of KRW 80 million against the Defendants and filed a lawsuit against the Defendants (Tgu District Court 2006Kadan170420) claiming the payment of the said claim against the Defendants (Seoul District Court 2006Kadan170420) and rendered a judgment as stated in the purport of the claim on March 13, 2007. The above judgment becomes final and conclusive on April 3, 2007.

2. However, the Defendants did not pay the money under the above judgment until now.

Among them, the ten-year statute of limitations has expired since the above judgment became final and conclusive until now, and the lawsuit has been filed for the extension of the statute of limitations.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion and judgment

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that “A debtor shall be declared bankrupt.”

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