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(영문) 춘천지방법원영월지원 2016.07.06 2016가단10198

청구이의

Text

1. The Defendant’s ruling on the loans (No. 2012Gau548) rendered against the Plaintiff is based on the Chuncheon District Court’s Yeongdeungpo Branch Decision.

Reasons

In fact, the defendant filed a lawsuit against the plaintiff to seek the payment of loans under the Youngcheon District Court's Young Branch 2012Gau548, and the litigation procedure was initiated by service by public notice, and on March 26, 2012, the judgment of March 26, 2012 that "the plaintiff shall pay to the defendant 10 million won and 5% per annum from February 3, 2002 to March 23, 2012, and 20% per annum from the next day to the day of complete payment (hereinafter "the judgment of loans"). The above judgment became final and conclusive at that time.

The Plaintiff filed a petition for bankruptcy and immunity with the Daegu District Court 201Han 2841, and was declared bankrupt on July 16, 2012, and the decision of immunity became final and conclusive around that time. At the time, the Defendant’s claim was not entered in the list of creditors submitted by the Plaintiff.

【The grounds for recognition” refers to the claim on the property arising before the declaration of bankruptcy against the debtor based on the determination on the respective descriptions of evidence Nos. 1, 2, 3, 4, and 5 and the grounds for the overall purport of the pleadings, i.e., the right to file a lawsuit and the power of executory power against the debtor, even though a decision to grant immunity against the bankrupt becomes final and conclusive, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act at the time of the application for immunity, unless it falls under the case of the proviso of Article 566 of the same Act.

According to the above facts of recognition, a claim based on a loan judgment is a property claim arising from a cause arising before the declaration of bankruptcy, which falls under a bankruptcy claim, and the immunity decision against the plaintiff is finalized and thus loses its executive force, barring any special circumstance, compulsory execution based on the Defendant’s loan decision against the plaintiff is no longer permissible.

The defendant's assertion of omission in the list of creditors due to bad faith regarding the defendant's assertion is first given loans at the time when the plaintiff applied for bankruptcy and immunity.