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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. Defendant C and D shall be jointly and severally liable to the Plaintiff for KRW 35,000,000.
Reasons
1. Basic facts
A. The Daegu District Court 2004GaGa126009 filed a lawsuit against the Defendants, and the Defendant C and D filed the said lawsuit jointly and severally with the Defendant B to pay KRW 35,000,000 to December 31, 2007 (hereinafter “instant conciliation”). On February 17, 2005, the above court rendered a judgment ordering the Defendants B to pay the Defendants KRW 35,000,000 and the amount calculated at the rate of 20% per annum from January 30, 2005 to the date of full payment (hereinafter “instant judgment”).
B. On January 12, 2015, E transferred claims based on the instant conciliation and judgment to the Plaintiff. On the same day, E sent a notice of assignment of claims to the Defendants, and the said notice reached the Defendants around that time.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including paper numbers), the purport of the whole pleadings
2. Determination as to the legitimacy of a lawsuit against Defendant B
A. On October 20, 2010, Defendant B became final and conclusive upon the grant of immunity from the Suwon District Court. The fact that Defendant B did not enter the obligation based on the instant judgment in the list of creditors in the list of creditors, but it was merely omitted by mistake, and thus, Defendant B’s effect of such grant of immunity is also an illegal defense that the instant lawsuit is unlawful.
(B) The above defendant asserts that the claim of this case should be dismissed for the above reasons, but in light of the purport of the claim, the above argument will be made).
The right to property arising from the cause before the bankruptcy is declared against the debtor becomes a bankruptcy claim (Article 423 of the Debtor Rehabilitation and Bankruptcy Act). In this case, the bankruptcy claim becomes a natural obligation and lose the ordinary right and executory power of the lawsuit, and according to the evidence Nos. 2 and 3, the above defendant's immunity decision is confirmed on Oct. 20, 201 by the Suwon District Court Decision 2009Da5530 and Oct. 20, 201.