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(영문) 서울동부지방법원 2020.10.20 2020가단128658

청구이의

Text

The Seoul Eastern District Court (Seoul East District Court) rendered a decision on the acquisition money case against the defendant on November 5, 2014.

Reasons

1. Facts of recognition;

A. D Co., Ltd. filed a payment order with the Plaintiff as Seoul East Eastern District Court 2014 tea1822, and the Plaintiff did not know the Plaintiff’s service address and subsequently proceeded with a lawsuit by public notice after being transferred to the litigation proceedings by public notice. On November 5, 2014, the said court rendered a judgment that “the Plaintiff shall pay the Plaintiff 4,587,250 won to D Co., Ltd and 2,09,537 won each year from March 15, 2014 to October 16, 2014, and 20% each year from the next day to the date of full payment.” The said judgment became final and conclusive on November 26, 2014.

(hereinafter “instant judgment”). (b)

The defendant acquired the above claim against the plaintiff from D Co., Ltd. and received an execution clause to succeed to the judgment of this case around May 18, 2015.

C. On September 2, 2019, the Plaintiff filed a petition for immunity with the Seoul Rehabilitation Court No. 2019Hadan101706, 2019 101706, and filed a petition for immunity from the above court (hereinafter “instant immunity”). On September 2, 2019, the said decision became final and conclusive on September 17, 2019.

In the list of creditors submitted by the Plaintiff at the time of filing an application for bankruptcy and exemption, the claims based on the judgment of this case that the Defendant acquired by transfer (hereinafter “instant claim for judgment”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the obligor who has been exempted from liability shall be exempted from all liability to the bankruptcy creditor with respect to the whole amount of the obligation to the bankruptcy creditor, except dividends under the bankruptcy procedure.

According to the above facts, the defendant's claim for the judgment of this case, which was acquired, is a claim for property arising from the cause before bankruptcy is declared.