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1. The defendant's decision against the plaintiff is based on the Seoul Central District Court case 2008Gaso256463.
Reasons
1. Basic facts
A. On December 10, 2008, the defendant filed a lawsuit against the plaintiff with the Seoul Central District Court to seek the payment of the acquisition amount, and proceeded with the lawsuit by public notice without knowing the plaintiff's address, and on December 10, 2008, the above court rendered a judgment that "the plaintiff shall pay to the defendant 8,536,779 won and 2,45,700 won with the interest of 18% per annum from December 18, 2007 to the date of full payment." The above judgment was finalized on January 6, 2009.
(hereinafter “instant judgment”). (b)
On July 26, 2018, the Plaintiff was granted immunity on April 25, 2019 by the Suwon District Court No. 2018Hadan2254, 2018, which was declared bankrupt and application for immunity, as the Suwon District Court No. 2018Hadan254, 2018, and became final and conclusive around that time.
In the list of creditors submitted by the plaintiff at the time of filing an application for bankruptcy and immunity, the defendant's claim for the takeover was not stated
C. The Defendant filed a claim attachment and collection order against the Plaintiff regarding several Plaintiff’s claims based on the instant judgment, and received the claim attachment and collection order.
The details are as follows:
① Busan District Court 2009TT2843 dated February 13, 2009; ② 2010TT 2010T 1271 dated Feb. 24, 2010; ③ 2010TT 6924 dated Aug. 19, 2010; ④ 2014TT 3115 dated Apr. 15, 2014; ⑤ HT 2019T 2634 dated Jun. 21, 2019 (based on recognition); and ③ the purport of the whole pleadings of the pleadings by the Suwon District Court.
2. According to the above facts finding as to the cause of claim, the Defendant’s instant claim constitutes a bankruptcy claim under Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), which is a property claim arising from a cause arising prior to the declaration of bankruptcy, and the decision to grant immunity to the Plaintiff became final and conclusive, barring any special circumstance, the Plaintiff’s liability against the Plaintiff is exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation Act.