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1. The Defendant’s judgment of Daejeon District Court on January 17, 2012 was based on the claim for reimbursement against the Plaintiff.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit against the Plaintiff and his spouse C with the Daejeon District Court Branch Decision 2002Gaba2836, and on January 23, 2002, the lawsuit was filed on January 23, 2002 that “The Plaintiff, etc. jointly and severally paid KRW 3,391,962 to the Defendant and the delay damages therefrom (hereinafter “instant claim for reimbursement”). The decision on performance recommendation was made on February 15, 2002.” The decision on performance recommendation was finalized on February 15, 2002.
B. In order to extend the prescription period of the instant claim for indemnity, the Defendant filed a lawsuit seeking reimbursement against the Plaintiff and the Plaintiff’s spouse C (hereinafter “instant lawsuit”). On January 17, 2012, the said court rendered a judgment accepting the Defendant’s claim for indemnity claim (hereinafter “instant judgment”) and the instant judgment became final and conclusive on February 16, 2012.
C. Based on the instant final judgment on October 10, 2013, the Defendant filed an application with the Plaintiff for a collection and seizure order (hereinafter “instant claim seizure and collection order”) with the Suwon District Court 2013TTT 22988, and received the acceptance from the said court on October 14, 2013.
On the other hand, on April 5, 2013, the Plaintiff filed an application for bankruptcy and immunity with the Suwon District Court 2013Hadan2514, 2013Ma2514, and received a decision to discontinue bankruptcy and grant immunity on May 28, 2014.
The decision to grant immunity was finalized on June 12, 2014.
E. The list of creditors filed by the Plaintiff in the above bankruptcy and exemption procedure is recorded in the list of creditors, such as D(ownership), E limited liability company, LAF, LAF, and H, but the defendant's claim for indemnity of this case is omitted.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings
2. Determination
A. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act, the judgment on the cause of the claim is prior to the declaration of a strike against the debtor.