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(영문) 서울중앙지방법원 2016.11.25 2016가단94328

면책 확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On July 21, 2008, the Plaintiff filed an application for bankruptcy and discharge with the Seoul Central District Court Decision 2008Hadan17136, 2008Ma17136, the Plaintiff was declared bankrupt on July 21, 2008 and became final and conclusive August 5, 2008. Upon the decision of immunity on November 19, 2008, the Plaintiff became final and conclusive on December 4, 2008 on the list of creditors at the time.

The defendant is not liable for damages or agreed upon to the defendant under subsection (1).

B. On September 2, 2014, the Defendant filed a lawsuit against the Plaintiff seeking compensation for damages against the Defendant by Busan District Court Decision 2014Da7011 (hereinafter “instant damages”). The said lawsuit was initiated by service by public notice against the Plaintiff, and on July 8, 2015, the Defendant rendered a judgment that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 15,422,400 won and 20% per annum from December 3, 2014 to the date of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive at that time.

C. On May 9, 2016, the Defendant, based on the instant judgment, issued a seizure and collection order against the Plaintiff’s claims, such as deposits, against the Plaintiff’s Bank and two financial institutions other than the Industrial Bank of Korea, based on the Sungwon District Court Branch Branch 2016TTT 4154, and the said order was served on the third financial institution, which was the third financial institution. The Defendant also received a seizure and collection order against the Plaintiff’s claims against the Daedae tex Co., Ltd. based on the instant judgment as Seoul Southern District Court 2016TT 20565, August 1, 2016, and the said order was served on Dae titex Co., Ltd. around that time.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4 (including virtual number), Eul's 1, 2, 3, 20, 22, and the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. The plaintiff's assertion did not omit the defendant's claim in the list of creditors in bad faith while the plaintiff's bankruptcy is declared and immunity is granted.