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(영문) 수원지방법원안산지원 2020.01.10 2019가단12695

청구이의

Text

1. The Defendant’s judgment on the check money case was based on the Suwon District Court’s Ansan Branch 201Gapo26258.

Reasons

1. Basic facts

A. The Plaintiff’s debt and final and conclusive judgment 1) on October 10, 1999, the Plaintiff issued two copies of the household checks at the location of the issuing place, Ansan-si, and the location of the payment place, and the Defendant received them. 2) On October 11, 1999, the Defendant presented the above checks at the location of the mountainous district within the C Bank, but refused payment.

3) On December 13, 2000, the Defendant filed against the Plaintiff the said check amount of KRW 6,000,000,000 and its delay damages (hereinafter “instant claim”).

(2) On January 19, 201, the Defendant filed a lawsuit seeking the performance of the instant claim against the Plaintiff on March 16, 201 (U.S. District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office Decision 2000Da55748), and on January 19, 2001, the Plaintiff did not appear on the date of pleading without having received a complaint and did not appear on the date of pleading, and the said judgment became final and conclusive at that time. (4) On March 16, 2011, the Defendant filed a lawsuit seeking the performance of the instant claim against the Plaintiff (U.S. District Court Branch Branch Branch Branch Branch Office 2011No26258), and (c) rendered a judgment citing the Defendant’s claim in full (hereinafter “instant judgment”).

B. The Plaintiff’s bankruptcy and exemption 1) around 2008, the Suwon District Court 2008Hadan10616, 2008Ma10616, 10616, the Plaintiff filed an application for bankruptcy and exemption. The above court decided the exemption on February 3, 2010, and the above decision became final and conclusive around that time (hereinafter “instant exemption decision”).

(2) The list of creditors submitted by the Plaintiff at the time of filing an application for bankruptcy and immunity did not state the instant claim against the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including virtual numbers; hereinafter the same shall apply), Eul evidence 1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. At the time of preparation of the Plaintiff’s list of creditors’ assertion, the Plaintiff did not know the existence of the instant claim and did not state it accordingly.