beta
(영문) 의정부지방법원 2015.02.10 2014가단119621

청구이의

Text

1. The Defendant’s compulsory execution based on the judgment No. 2011 Ghana2580 against the Plaintiff is denied.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff for the claim for electric utility fee against the Plaintiff as the District Court Decision 2011 Ghana2580, and the said court proceeded with the service of the Plaintiff by public notice, and on October 17, 2011, rendered a judgment in favor of the Defendant that “the Plaintiff pays to the Defendant the amount of KRW 1,340,270 and the amount calculated at the rate of KRW 20% per annum from October 12, 201 to the date of full payment” to the date of full payment, and the said judgment became final and conclusive.

(hereinafter “instant judgment”). (b)

However, the Plaintiff did not enter the Defendant’s above usage fee claim in the list of creditors submitted to the said court while filing bankruptcy and application for immunity with the Gwangju District Court No. 2013Han 2289 and 2013 2013.

C. After that, on March 24, 2014, the Plaintiff received a decision to grant immunity from the above court, and the said decision became final and conclusive on April 8, 2014.

(hereinafter “instant decision on immunity”). 【The ground for recognition of immunity” has no dispute, Gap evidence Nos. 1, 2-1, 2-2, and Gap evidence No. 3, the purport of the entire pleadings and arguments

2. Determination on the cause of the claim

A. 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) applies only to the Defendant’s discharge of liability

Article 423 provides that "any property claim arising before the declaration of bankruptcy against a debtor shall be a bankruptcy claim, and Article 566 of the Act provides that "the debtor who has received immunity shall be exempted from all obligations to the bankruptcy creditor except dividends pursuant to the bankruptcy procedures." Thus, bankruptcy claims shall not be exempted from all obligations to the bankruptcy creditor, unless they fall under any of the subparagraphs of the proviso of Article 566 of the Act (see Supreme Court Decision 2010Da3353, May 13, 2010)." Thus, unless there are circumstances prescribed in the proviso of Article 566 of the Act, the defendant shall be exempted from the effect of immunity.