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(영문) 서울동부지방법원 2016.08.17 2016가단9842

청구이의

Text

1. The Defendant’s compulsory execution against the Plaintiff based on the Seoul East Eastern District Court Decision 2013Gaso3302.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 11,745,750, and KRW 2,476,00 from July 20, 2013 to the date of full payment with respect to KRW 20% per annum against the Plaintiff, and received a judgment in favor of all by public notice on August 26, 2013.

B. On September 2, 2015, the Plaintiff was granted bankruptcy and immunity as the Chuncheon District Court Decision 2015Hadan113, 2015Ma113, and 2015Ma113. Each of the above decisions became final and conclusive on September 17, 2015. The Plaintiff did not enter the Defendant’s claim for the above-mentioned amount in the creditor list submitted by the Plaintiff during the process of being granted immunity.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. The obligor, upon receiving a discharge from liability, is exempted from all liability for all obligations to the bankruptcy creditors except dividends under the bankruptcy procedure, unless the obligor does not fall under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act with respect to any property claim arising from the cause prior to the declaration of bankruptcy. The Defendant’s claim for the discharge from liability constitutes a bankruptcy claim arising from the cause prior to the declaration of bankruptcy against the Plaintiff, and the fact that the exemption from liability against the Plaintiff became final and conclusive on September 17, 2015 is as seen earlier. Therefore, the Defendant’s compulsory execution against the Plaintiff by this Court Decision 2013Ga3302 is not permissible.

3. Conclusion