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(영문) 춘천지방법원 강릉지원 삼척시법원 2018.05.24 2018가단16

청구이의

Text

1. The defendant's river branch court of Chuncheon District Court 2013Gaso657 decided February 27, 2013 against the plaintiff.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff for the payment of loans (hereinafter “instant bonds”) with the Gangseo-si District Court 2013Gaso657, Gangnam-si Branch Court of Chuncheon Branch. On February 27, 2013, the said court rendered a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) to the effect that “the Plaintiff shall pay to the Defendant the amount equivalent to 2,957,971 won per annum 24% per annum from February 22, 2013 to the full payment date” (hereinafter “the decision on performance recommendation of this case”), and the said decision on performance recommendation was finalized on March 21, 2013.

B. Meanwhile, the Plaintiff filed each application for immunity under the Bankruptcy Act (Seoul District Court Decision 2015Hadan273) with the Gangnam Branch Branch of Chuncheon District Court Decision 2015Hadan273, and 2015Ma273. After being declared bankrupt by the said court, the Plaintiff was granted immunity on September 21, 2016. The said immunity became final and conclusive around that time.

(hereinafter “instant immunity”). The list of creditors submitted by the Plaintiff while applying for immunity of the instant case is not indicated by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. We examine the judgment on the cause of the claim, and as seen earlier, the decision on the immunity of this case against the plaintiff became final and conclusive. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Debtor Rehabilitation Act") provides, "the exempted debtor shall be exempted from all of his/her obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedure." The claim of this case constitutes a property claim arising from the cause that occurred before bankruptcy is declared bankrupt, and thus, the plaintiff is exempted from its responsibility for the claim of this case against the plaintiff of this case against the plaintiff.

Therefore, the instant claim has lost the executive force with ordinary claims.

Therefore, without further review, it is based on the defendant's decision of recommendation of execution of this case against the plaintiff.