(영문) 대구지방법원 2014.11.28 2014가단33090

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(영문) 대구지방법원 2014.11.28 2014가단33090

면책확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff borrowed KRW 13 million to the Defendant around 1991 (hereinafter “the instant money”).

On September 1, 2005, the Plaintiff filed for bankruptcy with the Daegu District Court 2005Hadan1702, and was declared bankrupt on September 30, 2005.

On October 27, 2005, the Plaintiff filed an application for immunity with the Daegu District Court (1688), which was granted immunity on April 18, 2006.

The decision to grant immunity became final and conclusive on May 6, 2006.

B. On the other hand, on January 11, 2007, the Defendant filed a lawsuit against the Plaintiff in the instant case seeking the payment of the loan amounting to KRW 13 million and damages for delay (hereinafter “the lease”) with the Daegu District Court Decision 2007Gaso7875, and won in favor of the Plaintiff on July 2, 2007.

Service on the Plaintiff at the time was made by public notice.

The Defendant, based on the judgment of the previous suit, filed an application with the Plaintiff for the attachment and collection order of the claim under the 2014TT Branch Branch of the Daegu District Court as the 2014TT Branch 4811, and received the decision of the acceptance on July 2, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 or Gap evidence 4 (including additional number, if any) and the purport of whole pleadings

2. The plaintiff's assertion and judgment that the plaintiff borrowed KRW 13 million to the defendant around 1991, but the plaintiff was granted immunity thereafter, and therefore, the plaintiff's obligation to the defendant was exempted.

In light of the above, since the judgment of the prior suit ordering the Plaintiff to pay the instant money after the above immunity decision became final and conclusive, this court cannot make a decision inconsistent with the res judicata of the judgment of the prior suit, unless the judgment of the prior suit is revoked by appeal or retrial, etc.

Therefore, the plaintiff's assertion is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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