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(영문) 서울중앙지방법원 2019.04.25 2018가단58418

청구이의의 소

Text

1. The Defendant’s compulsory execution against the Plaintiff is based on the Seoul Central District Court Decision 2012Gaso95129.

Reasons

1. Facts of recognition;

A. On March 24, 200, Nonparty D entered into a contract with the Defendant for a loan of KRW 10,000,000 with the Defendant. On the same day, the Plaintiff entered into a guarantee agreement with the Defendant as to the loan obligations against the said Defendant.

B. On April 24, 2013, the Defendant filed a lawsuit against the Plaintiff for a loan claim with the Seoul Central District Court. On April 24, 2013, the said court rendered a judgment against the Plaintiff by public notice, and rendered a judgment ordering the Plaintiff to pay the Plaintiff KRW 20,786,130 and delay damages for KRW 6,909,219 (hereinafter “prior judgment”), and the said judgment became final and conclusive around that time.

C. On October 11, 201, the Plaintiff filed an application for bankruptcy and exemption with the Incheon District Court No. 201Hadan5679 and 201Ha56777, the Plaintiff was declared bankrupt on November 29, 201, and was granted immunity on June 28, 201, and the said immunity became final and conclusive on July 13, 2012.

The defendant's claim was not entered in the list of creditors submitted by the plaintiff when the plaintiff applied for bankruptcy and immunity.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The right to claim property arising before the declaration of bankruptcy against the debtor as to the cause of the claim, that is, the bankruptcy claim, even if the immunity decision on the bankrupt becomes final and conclusive, is not entered in the list of creditors at the time of the application for immunity, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), unless it falls under the case of the proviso of Article 566 of the same Act, the effect of immunity under Article 565 of the same Act shall be exempted from

Therefore, according to the facts acknowledged in the above paragraph (1), a claim based on the preceding judgment is a claim on property arising from a cause before the declaration of bankruptcy, which constitutes a bankruptcy claim, and a decision to grant immunity to the plaintiff becomes final and conclusive, thereby executing the claim.