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1. The Defendant’s Plaintiff is based on the Seoul Central District Court Decision 2015Kadan52959 Decided March 24, 2016.
Reasons
1. Facts of recognition;
A. The defendant, around 200 and around 2001, guaranteed the debt of the loan of the non-party B Co., Ltd. (hereinafter "non-party corporation"), and the representative director C and his spouse of the non-party company, and the plaintiff, who is the registration director of the non-party company, has jointly and severally guaranteed the debt of the non-party company to the defendant
B. On or around December 2003, the defendant subrogated for the non-party company's loan obligations under the above credit guarantee, and thereafter, the Seoul Central District Court 2004Gahap22310 filed a lawsuit claiming indemnity against the plaintiff et al., and received a favorable judgment from the above court around June 2005.
Service on the plaintiff was made by means of public notice in the lawsuit above.
C. The Defendant, as Seoul Southern District Court 2012Kao2459, filed an application for re-issuance of the defaulters’ list against the Plaintiff and received the said court’s decision of acceptance on July 11, 2012.
The above decision was sent to the Yangcheon-gu Office on July 19, 2012, but was not served on the Plaintiff on the ground of the addressee’s absence.
On March 24, 2016, the Defendant filed a lawsuit seeking indemnity against the Plaintiff, etc. by Seoul Central District Court Decision 2015Da5294959, which rendered a judgment on March 24, 2016 that “the Plaintiff, etc. jointly and severally and severally paid KRW 236,562,452 and delay damages for KRW 215,064,460,” and the said judgment became final and conclusive around that time.
In the lawsuit above, service on the plaintiff was made by means of public notice.
(hereinafter the above judgment is referred to as “the judgment in a prior suit,” and the defendant’s above claim against the plaintiff is referred to as “the claim in this case”). E.
The Plaintiff filed for bankruptcy and immunity with Seoul Rehabilitation Court No. 2017Hadan3664 and 2017Ma3664, and was declared bankrupt on September 25, 2017, and was granted immunity from the above court on November 24, 2017.
The decision to grant immunity became final and conclusive on December 12, 2017.
The plaintiff applies for bankruptcy and exemption from liability to D in the list of creditors.