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(영문) 울산지방법원 2017.07.13 2016가단69613
기타(금전)
Text

1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. The Plaintiff, Defendant A, Defendant A, and Defendant B, KRW 33,167,122.

Reasons

1. Claims against Defendant A, B, and C

A. Defendant A, B, and C had been supplied with an amount equivalent to KRW 10 million each of the welfare lottery tickets issued by the Plaintiff through the Annbnb Sypt Co., Ltd., which entered into an agency contract for the sale of welfare lottery tickets with the Plaintiff from February 1996, and sold the same, and did not pay the price to the Plaintiff.

On April 6, 2004, the Plaintiff filed a lawsuit claiming the reimbursement against the said Defendants, and was sentenced to a favorable judgment in the Seoul Southern District Court 2004Gahap4813 on November 10, 2006, and the said judgment became final and conclusive around that time.

However, the above Defendants did not perform all the above judgment liability.

As the completion of extinctive prescription of the above-mentioned claim is imminent, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription.

B. Judgment by public notice by Defendant A or C (Article 208(3)3 of the Civil Procedure Act)

C. Judgment on deemed confessions made by Defendant B (Article 208(3)2 of the Civil Procedure Act)

2. Claim against Defendant D

A. Defendant D, as the cause of the claim, was supplied with an amount equivalent to KRW 10 million for welfare lottery tickets issued by the Plaintiff through the Annbnb Sypt Co., Ltd., which entered into a contract for the sales of welfare lottery tickets with the Plaintiff from February 1996, and sold the same, but did not pay the price to the Plaintiff.

On April 6, 2004, the Plaintiff filed a lawsuit against Defendant D for the claim for reimbursement of lottery tickets and received a favorable judgment in the Seoul Southern District Court 2004Gahap4813 on November 10, 2006, and the above judgment became final and conclusive around that time.

However, the defendant D did not perform the above judgment obligation at all.

As the completion of extinctive prescription of the above-mentioned claim is imminent, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription.

B. Determination 1 on the ground that Defendant D was granted immunity from the court in the bankruptcy proceeding, the Plaintiff’s lawsuit on this part is unlawful. 2) Defendant D was declared bankrupt on August 29, 2008 by Seoul Central District Court Decision 2008Hadan14540, and on November 14, 2008.

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