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(영문) 서울중앙지방법원 2017.05.26 2016가단93707

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 21, 2007, the Korea Asset Management Corporation filed a lawsuit against the Plaintiff and the Plaintiff’s husband B seeking payment of the acquisition amount as Seoul Central District Court Decision 2007Da2062800, and on August 21, 2007, the above court rendered a decision of performance recommendation that “the Defendant and B jointly paid to the Korea Asset Management Corporation the amount of KRW 26,925,549 and the amount of KRW 11,39,639 with interest of 18% per annum from August 1, 2007 to the date of full payment” (hereinafter “the instant decision of performance recommendation”). The Plaintiff received a certified copy of the instant decision of performance recommendation on August 24, 2007 and confirmed the instant decision of performance recommendation on September 8, 2007.

B. On May 18, 2009, the Plaintiff filed a bankruptcy and an application for immunity with the District Court Decision 2009Hadan3016, 2009Ma3017, and on November 30, 2009, the decision to grant immunity became final and conclusive around that time (hereinafter “the decision to grant immunity”), and at the time of filing an application for bankruptcy and exemption.

did not enter the claims described in the list of creditors.

C. On April 14, 2015, the Defendant received the claim from the Korea Asset Management Corporation based on the decision on the instant performance recommendation, and notified the Defendant of the assignment of the claim as a proxy of the notification on the assignment of claims by Korea Asset Management Corporation.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 3 to 5, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the defendant's claims based on the decision on performance recommendation of this case against the plaintiff constitute bankruptcy claims, and the plaintiff's liability is exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "Act"), barring any special circumstance, compulsory execution based on the decision on performance recommendation of this case shall be dismissed.

B. The defendant's assertion (1) The defendant is based on the decision of execution recommendation of this case at the time that the plaintiff applied for bankruptcy or exemption.