면책확인
1. The defendant's decision on the claim for the price of goods against the plaintiff is based on the Seoul Central District Court Decision 201Da1733144.
1. Basic facts
A. On June 15, 2011, the Defendant filed a lawsuit against the Plaintiff seeking the payment of goods at this court.
(2011. On January 12, 2012, the instant case was served by public notice on the Plaintiff. On January 12, 2012, the court rendered a ruling that the Plaintiff would pay KRW 15,168,420 to the Defendant and damages for delay from December 29, 2011 (hereinafter “instant ruling”), and the said ruling became final and conclusive on January 31, 2012.
B. On February 24, 2012, the Plaintiff filed an application for bankruptcy and immunity (hereinafter “instant bankruptcy and application for immunity”) with Suwon District Court No. 2012Hadan1269, 2012, and 1269 (hereinafter “instant application for immunity”), and was declared bankrupt and granted immunity on May 7, 2013.
The decision to grant immunity became final and conclusive on May 22, 2013.
However, at the time of the bankruptcy and application for immunity, the Plaintiff did not enter the Plaintiff’s obligation to the Defendant in the bond list.
C. The Defendant, based on the executory exemplification of the instant judgment, filed an application with the Seoul Eastern District Court for a seizure and collection order regarding the Plaintiff’s claim against B (2014TT 4765), and the said court issued a seizure and collection order on April 25, 2014.
[Reasons for Recognition] Facts without dispute, each entry of Gap evidence 1 to 5 (including each number), and the purport of the whole pleadings
2. The obligor, upon receiving the exemption from the determination on the cause of the claim, is exempt from the responsibility for all obligations to the bankruptcy creditors except dividends under the bankruptcy procedure, insofar as the obligor does not fall under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act with respect to the claim for property arising before the declaration of bankruptcy. The Defendant’s claim for the judgment of this case constitutes a bankruptcy claim arising before the declaration of bankruptcy against the Plaintiff, and the exemption from the immunity against the Plaintiff becomes final and conclusive on May 22, 2013, and thus, the Defendant’s claim against the Plaintiff against the Plaintiff.