beta
(영문) 수원지방법원성남지원 2020.09.18 2020가단7728

청구이의

Text

1. It is based on the judgment of Suwon District Court in relation to the Defendant’s Plaintiff on June 26, 2013, 2012Gapo23868 Decided June 26, 2013.

Reasons

1. On June 26, 2013, the Defendant with the indication of the claim, rendered a favorable judgment to the Defendant for the payment of the amount of KRW 5,182,894 as well as the amount calculated by the rate of 23% per annum from September 25, 2003 to April 16, 2013, and 20% per annum from the next day to the date of full payment.

On April 17, 2018, the Plaintiff was declared bankrupt by Seoul Rehabilitation Court 2018Hadan100936, and the decision to grant immunity was finalized upon receipt of the decision to grant immunity from 100936 on June 5, 2018.

At the time when the plaintiff applied for bankruptcy or exemption, it was omitted in the list of creditors because he was unaware of the existence of the above obligation against the defendant at the time of the above bankruptcy or application for exemption. Since the above decision of exemption becomes effective against the defendant, it is also effective to the defendant.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);