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(영문) 광주지방법원 2017.08.23 2017가단512905

면책확인

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1. The Defendant’s compulsory execution against the Plaintiff is based on the Ulsan District Court Decision 2007Gauri4229 Decided April 10, 2007.

Reasons

Facts of recognition

The Bankrupt Bank of Korea Deposit Insurance Corporation filed a lawsuit against the Plaintiff, non-party C, and D seeking payment of KRW 10,000,000 per annum from the Ulsan District Court 2007Gau429, and on April 10, 2007, the Court sentenced that “C, D, and the Plaintiff jointly and severally pay the amount of KRW 10,000,000 and the amount calculated at the rate of KRW 60% per annum from March 10, 2003 to the full payment date,” which became final and conclusive around that time.

(hereinafter referred to as “the Plaintiff’s debt of this case”). The Korea Deposit Insurance Corporation of the Credit Cooperatives assigned the above claim to the Plaintiff in sequential order, and the Defendant finally acquired the claim.

The plaintiff was served with a writ of summons on the date of pleading in the above litigation procedure, but the judgment was served with the plaintiff's wife.

On January 20, 2012, the Plaintiff filed an application for bankruptcy and immunity with the Daegu District Court (Seoul District Court 2012Hadan368, 2012Ha368, 368) on September 19, 2012. The said decision became final and conclusive on October 5, 2012.

(hereinafter the above bankruptcy and exemption procedure is referred to as the "instant immunity procedure" and the decision in accordance therewith is referred to as the "instant immunity decision." The creditor's list submitted in the instant immunity procedure was stated in the Seoul Guarantee Insurance and the Dispute Resolution Co., Ltd. and the Dispute Resolution Co., Ltd., but the creditor of the above judgment was not stated in the Bankruptcy Credit Cooperatives Co., Ltd. or the trustee in bankruptcy or his successor.

On April 7, 2014, the Defendant received a decision from the Plaintiff to specify the property, and came to enforce the compulsory execution against the Plaintiff’s property on January 5, 2015.

[Ground of Recognition] Facts without dispute, Gap's statements in Gap's 1 to 6, Eul's 1 and 2 (including each number), the parties' assertion and determination of the purport of the whole pleadings

A. According to the facts of the judgment on the ground of the plaintiff's claim, the defendant's loan claims against the plaintiff in accordance with the judgment of this case constitute bankruptcy claims.