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1. The defendant's decision of recommendation for execution is based on the Seoul Western District Court Decision 2002Gaso40538 Advertising Costs against the plaintiff.
Reasons
1. Basic facts
A. On September 14, 1999, the Plaintiff requested a non-party C Co., Ltd. (foreign company) to place an advertisement on the phone number book issued by the non-party Co., Ltd., but did not pay KRW 15,950,000 (the advertising price in this case).
The non-party company filed a lawsuit against the plaintiff with Seoul Western District Court 2002Ga40538, and on April 10, 2002, "the plaintiff shall pay 15,950,000 won to the non-party company and 6% per annum from October 1, 2000 to the delivery date of this case, and 25% per annum from the next day to the day of full payment." The decision of performance recommendation (the decision of execution recommendation of this case) was made, and confirmed as is May 7, 2002.
B. On December 24, 2009, the non-party company received the claim attachment and collection order [the requested amount: 13,450,000 won 2002 Ghana40538 Advertising, 27,993,563 won (the damages for delay calculated until December 17, 2009), 34,200 won execution expenses, 41,477,763 won in total] from the Seoul Central District Court 2009 Taga3966 on December 24, 2009. The original copy of the above decision was served on the third debtor on December 30, 209, and the plaintiff's mother was served on April 12, 2010 and the plaintiff's domicile was received.
C. On December 3, 2014, Nonparty Company transferred the instant advertising price claim to the Defendant, and notified the Plaintiff of the assignment of the claim by content-certified mail on January 19, 2015.
Around March 2015, the Defendant received an execution clause to succeed to the instant performance recommendation decision, based on which the Defendant received a claim seizure and collection order from the Seoul Central District Court 2015TTT1643 on July 30, 2015. The original copy of the said decision was served to the Plaintiff’s domicile and received the Plaintiff’s spouse on October 13, 2015.
On the other hand, the Plaintiff was declared bankrupt by the Seoul Rehabilitation Court 2017Hadan3847, 2017Hun-3847, and was declared bankrupt and immunity was granted on July 17, 2018.