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The defendant's decision against the plaintiff is based on the Seoul Central District Court Decision 2017Ga Office 6842632 decided October 19, 2017.
Reasons
1. Basic facts
A. The non-party D Co., Ltd. (hereinafter "non-party D Co., Ltd.") filed a lawsuit against the plaintiff for the claim for the amount of the transfer money against the plaintiff as the court of Jeonju District Court of 2007Gau 21195, Gosan-si. The above court rendered a judgment on November 28, 2007 that "the defendant (i.e., the plaintiff of this case) paid 6,81,32 won to the plaintiff (i.e., the plaintiff of this case) and 3,291,636 won with 20% interest per annum from September 30, 2007 to the day of full payment (hereinafter "the prior judgment"). The judgment became final and conclusive at that time.
Service on the plaintiff was made by publication in the above lawsuit.
B. On June 15, 2011, the Defendant acquired the above claim and notified the Plaintiff of the fact on July 28, 201 upon delegation by Nonparty Bank.
(c)
On July 16, 2014, the Defendant applied for the issuance of a text of succession execution to the preceding judgment to the above court, and the text of succession execution was received by the Plaintiff himself on August 7, 2014.
(d)
Then, the Defendant filed a lawsuit against the Plaintiff on August 8, 2017 against the Seoul Central District Court Decision 2017Ga Office 6842632, which sought the interruption of prescription of the claim. On October 19, 2017, the said court rendered a judgment to the same purport as the indicated in the claim on October 19, 2017, and recognized that only the rate of delayed damages was 15% per annum as the Defendant sought. The said judgment became final and conclusive (hereinafter referred to as the “instant judgment”), and the service against the Plaintiff was conducted by serving the public notice even in the said lawsuit.
E. Meanwhile, on July 26, 2018, the Plaintiff filed an application for bankruptcy and exemption from liability with the Daejeon District Court 1084,2018 at the bottom of 2018, 1062. On December 7, 2018, the said court rendered a decision to exempt the Plaintiff from liability, and the said decision became final and conclusive on December 22, 2018.
F. The list of creditors submitted by the Plaintiff to the court at the time of the application for exemption was written only by Nonparty E Company and F Company’s credit (the total of KRW 76,004,361 / remaining principal and interest).