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(영문) 의정부지방법원고양지원 2017.08.10 2017가단1847

수표금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 31, 2006, the Plaintiff issued a check of 43 million won per annum from October 31, 2007 to June 1, 2007, and upon endorsement by C and delivery by C to the Plaintiff, the Plaintiff refused to pay the check of 2007da3790, which is the due date, filed a lawsuit against the Defendant and C for the claim for check payment against the Defendant and C. The above court rendered a judgment on June 22, 2007, which became final and conclusive as it is, “The Defendant jointly with C to pay the Plaintiff 43 million won and its interest to the Plaintiff, with 6% per annum from October 31, 2006 to June 1, 207, and 20% per annum from the next day to the date of full payment.”

(hereinafter referred to as the “instant judgment claim”). B.

The defendant filed an application for bankruptcy and immunity with the Jung Government District Court 2007Hadan1620, 2007Ma1624, and the above court declared the defendant bankrupt on June 20, 2008 and rendered a decision to grant immunity on December 16, 2008. The above decision to grant immunity became final and conclusive around that time.

C. On February 1, 2017, the Plaintiff filed the instant lawsuit to extend the prescription period for the instant judgment claim.

[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. Determination on the legitimacy of a lawsuit

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any claim on the property that has arisen before the declaration of bankruptcy against the debtor shall be a bankruptcy claim" and Article 566 of the same Act provides that "the debtor who has received immunity shall be exempted from all obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedures: Provided, That any of the following claims shall not be exempted from liability." Thus, even if it is not entered in the list of creditors of the application for immunity, the effect of immunity is the effect of immunity unless it falls under any of the subparagraphs of the proviso of Article 566 of the same Act: