beta
(영문) 서울중앙지방법원 2016.05.17 2015가단134397

면책확인

Text

1. The defendant's compulsory execution against the plaintiff is denied based on the judgment in this court's 201 Ghana 1659475.

Reasons

On November 2, 2011, the Defendant (referring to the Plaintiff in this case) filed against the Plaintiff in this case’s claim for the acquisition money of KRW 6,281,139, and 2,047,394 from March 4, 2011 to November 1, 2011, rendered a ruling that “the Defendant (referring to the Plaintiff in this case) shall pay to the Plaintiff (referring to the Defendant in this case) the amount of KRW 6,281,139, and 18% per annum from March 4, 201 to November 1, 2011, and the amount of money calculated at the rate of 20% per annum from the next day to the day of full payment.” The said ruling became final and conclusive on November 30, 201, the Plaintiff filed a declaration of bankruptcy with Suwon District Court No. 2013, Mar. 3, 2013 and filed a claim for immunity from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the entire parties.

According to these facts of recognition, since the decision of immunity against the Plaintiff became final and conclusive, the Defendant’s claim against the Plaintiff, which was the basis of the judgment of this Court 2011Gaso1659475, has lost the executive force of ordinary claims, compulsory execution based on the judgment of this Court 201Gaso1659475 against the Plaintiff should be denied.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.