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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. On March 31, 1998, the Plaintiff acquired a loan claim of KRW 50,000,000 from C Co., Ltd. against the Defendant (hereinafter “instant loan claim”), and notified the Defendant of the assignment of the claim on June 23, 1998.
B. 1) On July 20, 1998, the Plaintiff filed a lawsuit against the Defendant as Seoul Central District Court 98Da179010, and the above court rendered a favorable judgment against the Plaintiff on October 1, 1999: “The Defendant shall pay to the Plaintiff 50 million won, and the amount calculated at the rate of 5% per annum from March 31, 1998 to August 6, 1998, and 25% per annum from the next day to the day of full payment.” The Defendant appealed to the Seoul Central District Court 99Na8937, but the above court dismissed the Defendant’s appeal on April 21, 200. The above judgment became final and conclusive on May 27, 200.
C. In order to interrupt the extinctive prescription of the instant claim, the Plaintiff filed a lawsuit against the Plaintiff on January 8, 2010 with Seoul Central District Court 2010Da5807, and on March 25, 2010, the said court rendered a favorable judgment against the Plaintiff on March 25, 2010: “The Defendant shall pay to the Plaintiff 50,00,000 won, and the amount calculated by the rate of 25% per annum from March 31, 1998 to August 6, 1998, 5% per annum from the next day to May 26, 2010, and 20% per annum from the next day to the date of full payment.” The said judgment was finalized as is on April 17, 2010.
(hereinafter “Prior Case”). D.
On August 21, 2014, the Defendant filed for bankruptcy and immunity with the Seoul Central District Court No. 2014Hadan8410, 2014da8410 and 2014da8410, and received the adjudication of bankruptcy on January 19, 2015, and the decision of immunity on April 14, 2015, and the said decision of immunity became final and conclusive on May 2, 2015, and the list of creditors submitted by the Defendant was included in the claim of this case.
(hereinafter referred to as “instant bankruptcy and exemption case”). [Ground for recognition] does not dispute, and Nos. 1 and 1.