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(영문) 창원지방법원 진주지원 2018.08.07 2018가단33288

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 13, 2011, the Defendant filed a lawsuit against the Plaintiff for the claim for the return of the lease deposit against the Changwon District Court Jinju Branch Decision 201Ga11845, and the said court rendered a judgment on October 13, 201 that “the Plaintiff shall pay KRW 25 million to the Defendant.”

The above judgment was served on the Plaintiff on October 20, 201, and it became final and conclusive on November 4, 2011.

(hereinafter referred to as "the judgment of this case"). (b)

On April 19, 2013, the Plaintiff, while granting immunity and filing a petition for bankruptcy with the Changwon District Court 2013,634, 2013Hadan632, did not enter the Defendant’s claim according to the instant judgment in the list of creditors submitted to the said court.

C. On October 10, 2014, the Plaintiff obtained a decision to grant immunity (2013.634) from the Changwon District Court, and the said decision became final and conclusive on October 25, 2014.

(hereinafter referred to as “instant decision on immunity”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1-1 and 3, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that “The debtor shall be entitled to any property claim arising from a cause arising before the declaration of bankruptcy shall constitute a bankruptcy claim,” and Article 566 of the same Act provides that “The debtor so exempted shall be exempted from all obligations to the bankruptcy creditors except dividends under the bankruptcy procedures: Provided, That no liability shall be exempted with respect to the following claims.” Thus, even if bankruptcy claims are not entered in the list of creditors of the application for immunity, they shall be exempted from the effect of immunity unless they fall under any subparagraph of Article 566 of the Debtor Rehabilitation Act (see Supreme Court Decision 2010Da3353, May 13, 2010):

Judgment

According to the above facts of recognition, a claim based on the judgment of this case (hereinafter "the claim of this case") has arisen before the declaration of bankruptcy.