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(영문) 광주지방법원 2015.09.23 2015가단25247
구상금
Text

1. The plaintiff's action against the defendant A shall be dismissed.

2. Defendant B shall pay to the Plaintiff KRW 53,450,550, and as to the Plaintiff, August 2004.

Reasons

1. We examine, ex officio, whether the lawsuit against the defendant A is lawful or not.

The plaintiff has a claim for reimbursement against the defendant A in this court's decision 2004Kadan18519, which became final and conclusive, and therefore, according to the evidence Nos. 1-2 and 1-2 of this court, the above defendant's claim against the defendant A is recognized as having been subject to bankruptcy and immunity in this court's case 2009Da9541, 2009Hadan5942. Thus, the plaintiff's claim against the defendant A is a claim arising before immunity is granted. Thus, the plaintiff's lawsuit against the defendant A is unlawful because it is not recognized as a benefit of protection of rights.

The plaintiff asserted that the above claim against the defendant A is a damage claim caused by serious negligence of the above defendant, and thus, it shall not be exempted. However, according to the statement in the evidence No. 1, it is difficult to regard the above claim as a damage claim caused by the above defendant's gross negligence, and there is no evidence to acknowledge it otherwise

Therefore, the plaintiff's lawsuit against the defendant A is dismissed as illegal.

2. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the application;

(Provided, That the plaintiff, the creditor, and the debtor are deemed the defendant). B

Judgment by public notice: Article 208(3)3 of the Civil Procedure Act

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