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(영문) 서울남부지방법원 2017.10.19 2017가단9750

물품대금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Defendant against the Seoul Southern District Court Decision 2006Da115352, the Plaintiff filed a claim against the Defendant for the amount payable from the fourth payment of the Kamerle, a motion picture photographing machine, and on April 9, 2007, the Plaintiff confirmed that “the Defendant shall pay the Plaintiff KRW 40,000,000, out of which KRW 15,000,000 shall be paid to the Plaintiff until May 31, 2007, and KRW 15,00,000 shall be paid until July 31, 2007, and KRW 10,000,000 shall be paid until September 30, 207, each payment shall lose the benefit of time and pay the balance in lump sum, and shall be added to 20% per annum from the day following the day of delay until the day of complete payment” as it becomes final and conclusive.

(B) The Plaintiff’s claim based on the decision of recommending reconciliation against the Defendant (hereinafter “instant claim”).

The Defendant filed an application for bankruptcy and immunity with Seoul Central District Court No. 2013, 10602, 2013Hadan10602, but did not enter the claim of this case in the list of creditors at the time.

C. On May 26, 2014, the above court rendered a decision to grant immunity to the Defendant, and the said decision became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. As to the plaintiff's assertion that the lawsuit of this case was brought by the plaintiff for the interruption of prescription of the claim of this case, the defendant asserts that the plaintiff's claim is unjustifiable since he was subject to the decision of exemption.

B. (1) Determination 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”)

Article 423 provides that "The claim on the property that has arisen before the declaration of bankruptcy against the debtor shall be a bankruptcy claim" and Article 566 provides that "the debtor to whom immunity has been granted shall be exempted from the responsibility for the whole of the obligations to the bankruptcy creditor except for dividends arising from the bankruptcy proceedings: Provided, That the liability for the following claims shall not be exempted: