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(영문) 수원지방법원 2016.08.17 2016가단11659

청구이의

Text

1. The bankruptcy trustee of the Korea Deposit Insurance Corporation under the Korea Mutual Savings and Finance Company for the bankrupt.

Reasons

1. Facts of recognition;

A. The bankruptcy trustee of the Daeyang Mutual Savings and Finance Company for the bankrupt brought an action against the Plaintiff as the Suwon District Court 2007Gau136451 against the Plaintiff seeking the payment of credit loans of KRW 1,065,904, interest and delay damages thereon (hereinafter “the instant claim”).

B. On September 11, 2007, the above court rendered a judgment that "the plaintiff shall pay to the defendant 2,409,819 won and 1,065,904 won with interest of 24% per annum from May 10, 2007 to the day of full payment" (hereinafter the judgment of this case) and the above judgment became final and conclusive around that time.

C. The Plaintiff was granted exemption on July 26, 201 in Suwon District Court Decision 201Da4270, 201Hadan4270 declared bankrupt, and the said decision became final and conclusive on August 10, 2012. The Plaintiff’s list submitted by the Plaintiff during the process of being granted exemption was not indicated in the instant claim.

The instant claim was transferred to the Defendant in order on September 26, 2012 from the bankruptcy trustee of the Daeyang Mutual Savings and Finance Company, the bankrupt, through the Korea Deposit Insurance Corporation, C&C Co., Ltd. and C&C Co., Ltd.

E. On May 29, 2014, the Defendant entrusted the Plaintiff with the right to notify the assignment of claims, and notified the Plaintiff of the assignment by content-certified mail, but the Plaintiff failed to receive the notification.

F. On December 22, 2015, the Defendant was granted the succeeding execution clause to the Plaintiff regarding the above judgment.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act, a property claim against a debtor arising prior to the declaration of bankruptcy is a bankruptcy claim. According to the main sentence of Article 566 of the same Act, a debtor who has been exempted from liability is a bankruptcy creditor except the distribution under the bankruptcy procedure.