beta
(영문) 인천지방법원 2018.04.10 2017가단14979

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 1, 2003, the Plaintiff issued a promissory note payable at sight, which is the addressee, the Defendant, the par value of 65,000,000, and on the same day, a notary public drafted the said promissory note as a notarial deed of a bill (hereinafter “notarial deed of this case”) with respect to the said notarial deed as a law firm E in 2003 and 1687, and a bond based on the said notarial deed (hereinafter “instant bond”).

B. On November 6, 2012, the Defendant filed a lawsuit against the Plaintiff and Nonparty F for the extension of the extinctive prescription of the instant notarial deed as the Incheon District Court 2012Kadan89428.

On April 16, 2013, the service of the plaintiff et al. was conducted by public notice in the lawsuit above, and on the judgment of April 16, 2013, the above judgment became final and conclusive as it is, "the plaintiff and the non-party F jointly together with the defendant 65,00,000 won, and 5% per annum from December 2, 2004 to January 30, 2013, and 20% per annum from the next day to the day of complete payment."

C. Meanwhile, on November 8, 2006, the Plaintiff filed a bankruptcy and application for immunity with the Incheon District Court Decision 2006Hadan8596, 2006 Ma9803, and received a declaration of bankruptcy on May 22, 2007 from the above court, and a decision to grant immunity on August 9, 2007, and the above decision to grant immunity became final and conclusive on August 25, 2007.

(hereinafter) The decision to grant immunity determined as above is “instant decision to grant immunity.” However, the list of creditors submitted by the Plaintiff at the time of applying for bankruptcy and exemption is only 12 financial institutions or individuals, including G Card, and the Defendant’s claim is not indicated.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1-1, 2-2 and 2-1 through 3, purport of whole pleadings]

2. Determination

A. According to the facts of recognition as to the plaintiff's cause of claim, the claim in this case is a property claim arising from the cause before the bankruptcy is declared and constitutes a bankruptcy claim, and the effect of immunity has become final and conclusive as the immunity decision in this case becomes final and conclusive.