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(영문) 서울남부지방법원 2020.09.23 2020가단7471
매매대금
Text

1. The plaintiff's request shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

In order to seek interruption of the extinctive prescription of the claim established by the payment order from the Seoul Southern District Court 200Ka638, Seoul Southern District Court 2010Kadan11969, against the defendant around May 1998, the plaintiff filed a lawsuit against the defendant for the payment of KRW 27 million and the amount of KRW 17 million in household checks that were supplied to the defendant, and for the claim for interruption of the period of extinctive prescription of the claim established by the payment order, the Seoul Southern District Court 200Kadan638, which claimed the above money and delayed payment damages from the Seoul Southern District Court 2010Kadan11969, which was served on April 23, 2010 by the public notice, and the decision became final and conclusive around that time. The fact that the defendant filed bankruptcy and application for immunity from the above court on May 30, 2019 is without dispute between the parties.

The plaintiff sought the money stated in the claim in order to interrupt the extinctive prescription of the above claim, and the defendant asserts that the above claim has the effect of the above immunity decision pursuant to Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act where the defendant did not maliciously state his claim.

In light of the fact that the judgment of the Seoul Southern District Court that was filed for the extension of the prescription due to the above claim occurred prior to 2000 and the fact that the Defendant did not report the above claim in light of the list of creditors and the content of the obligation indicated in the evidence No. 1-2, the effect of the above immunity exemption exemption should be deemed to have been discharged even from the above claim.

Therefore, the plaintiff cannot seek this as a lawsuit, and thus, the claim of this case is dismissed, and the costs of lawsuit are ordered to be borne by each party.

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