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(영문) 서울서부지방법원 2018.08.24 2018가단6863
대여금
Text

1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Western District Court Decision 2009 Ghana83046 Decided September 9, 2009.

Reasons

1. Basic facts

A. On May 13, 2005, the Plaintiff filed a petition for bankruptcy with the Seoul Central District Court 2005Hadan4285 (the current jurisdiction was changed to the Seoul Rehabilitation Court), and was declared bankrupt on July 29, 2005, and became final and conclusive on August 20, 2005. On August 29, 2005, the Plaintiff filed a petition for immunity with the Seoul Central District Court 2005Ra7063 on November 30, 2005 (hereinafter “instant exemption from immunity”). The list of creditors submitted by the Plaintiff was as follows.

The obligation against the Defendant under subsection (1) (hereinafter “instant obligation”) is omitted.

B. 1) On March 9, 2009, the Defendant applied for a payment order against the Plaintiff as Seoul Western District Court Decision 2009Hu2395, the Defendant filed an application for a lawsuit with the Seoul Western District Court Decision 2009Gaso83046, which did not serve on the Plaintiff the original copy of the payment order. However, the Defendant’s above loan claim was a claim arising before the bankruptcy was declared against the Plaintiff. (2) The lawsuit for the above loan claim was initiated by public notice against the Plaintiff. On September 9, 2009, the above court concluded the pleading and the same day on the same day. The Plaintiff paid to the Defendant 2,743,934 won and its 1,171,64 won with the interest of 26% per annum from March 4, 2009 to the day of full payment (hereinafter “instant judgment”). The above judgment became final and conclusive around that time.

C. On November 15, 2017, the Defendant issued a collection order based on the Seoul Western District Court Decision 2017TTTT 57547, with respect to the Plaintiff’s claims such as deposit against the Plaintiff’s national bank and our bank, etc. based on the instant judgment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, significant facts in this court, purport of the whole pleadings

2. Determination

A. The Plaintiff asserted by the parties constitutes a bankruptcy claim that occurred before the declaration of bankruptcy and constitutes a claim before the declaration of bankruptcy. Accordingly, the decision of immunity in this case is granted.

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