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(영문) 대구지방법원 2015.12.11 2015가단20350
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff 40,521,150 won and 5% per annum from September 2, 2003 to July 18, 2005.

Reasons

1. Determination on the cause of the claim

A. On September 15, 2005, the Plaintiff filed a suit against the Defendants on September 15, 2005 against the Defendants, “The Defendants jointly and severally filed a suit against the Defendants for the interruption of the extinctive prescription period on September 2, 2003, from September 2, 2003 to July 18, 2005, 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment,” and the said judgment became final and conclusive around that time.

[Reasons for Recognition] Facts without dispute, significant facts in this court, Gap evidence No. 1, the purport of the whole pleadings

B. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 40,521,150 won with 5% interest per annum from September 2, 2003 to July 18, 2005, and 20% interest per annum from the next day to the date of full payment.

2. The allegations by the parties and the determination thereof

A. Defendant B asserts that, inasmuch as Defendant B was declared bankrupt after the above final judgment and became exempt from immunity, Defendant B also became exempt from immunity based on the above final judgment.

The plaintiff asserts that a claim based on the above final judgment constitutes non-exempt claims under Article 566 (4) of the Debtor Rehabilitation and Bankruptcy Act.

B. According to each of the statements in Eul evidence Nos. 1 through 3, Defendant B was declared bankrupt by this Court No. 201Han 6566, and Defendant B was granted immunity on December 18, 2012 by this Court No. 2011 and 6566, and the above exemption exemption became final and conclusive on January 3, 2013.

Furthermore, in full view of the contents of evidence Nos. 1 and 2 as to whether the Plaintiff’s claim based on the above final judgment against Defendant B constitutes non-exempt claim, the Plaintiff is in accordance with Article 37 of the Guarantee of Automobile Accident Compensation Act.

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