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(영문) 서울동부지방법원 2017.12.01 2016가단36103
청구이의
Text

1. The defendant's decision is based on the Seoul Eastern District Court Decision 2008Gaso31868 decided June 17, 2009.

Reasons

In fact, on September 26, 2008, the Japanese Mutual Savings Bank (No. 2008Gada318668) filed a lawsuit against the Plaintiff on September 26, 2008 (No. 2008Gada318668).

(hereinafter “former Litigation”). On June 17, 2009, this Court rendered a judgment on June 17, 2009 that “the Plaintiff shall pay KRW 10,988,159 to the Japanese Savings Bank and its delay damages,” and the said judgment (hereinafter “instant judgment”) became final and conclusive around that time.

On April 19, 2010, the Plaintiff filed a petition for immunity with the Suwon District Court (2010Haak 3369, 2010Haak 3369, 3369). On February 15, 2011, the Plaintiff was granted immunity from the above court (hereinafter “instant immunity”). The said immunity became final and conclusive on March 3, 201.

On June 17, 2016, the Defendant, the trustee in bankruptcy of the Japanese Savings Bank, obtained the instant judgment from the Suwon District Court (No. 2016TTTT 109532) on November 3, 2016, with the title of execution, the claim amounting to KRW 10,000,000, and the claim amounting to the Plaintiff, the third party debtor, and the third party debtor corporation, were issued a collection order (hereinafter “instant seizure and collection order”).

On the other hand, at the time of the decision on immunity of this case, the claim of this case was entered in the list of creditors (the total amount of KRW 195,825,507 (the principal principal of KRW 69,221,39) but the claim of this case was omitted.

[Ground of recognition] Fact-finding, Gap evidence Nos. 1 through 7, and all of the arguments. According to the above finding facts, the defendant's claim of this case against the plaintiff constitutes a bankruptcy claim as a property claim arising before the declaration of bankruptcy, and the decision of immunity of this case becomes final and conclusive, and thus, the plaintiff is responsible for the plaintiff pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act.

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