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(영문) 대구지방법원 서부지원 고령군법원 2018.05.25 2017가단18
청구이의
Text

1. The defendant's order for payment in the Daegu District Court case No. 2008Ra18, which was issued against the plaintiff by the defendant.

Reasons

1. Facts of recognition;

A. On January 29, 2008, the Defendant filed an application against the Plaintiff for a payment order with the Daegu District Court Branch of the Daegu District Court 2008 tea18, and the above court ordered the Plaintiff to pay the Plaintiff “The obligor A shall pay KRW 37,050,62 to the creditor card company (the creditor card company prior to the change of trade name) and damages for delay of KRW 14,757,897 among them,” and the payment order was finalized around that time.

(hereinafter “instant payment order” and the Defendant’s claim based thereon (hereinafter “instant claim”). B.

On June 23, 2016, the Plaintiff received a decision to grant immunity on May 19, 2017 by filing bankruptcy and application for immunity with the Suwon District Court Decision 2016Hadan409, 2016Da4409, and the said decision to grant immunity became final and conclusive on June 3, 2017, and the claim in this case was not stated in the list of creditors submitted by the Plaintiff at the time.

[Ground for recognition] Unsatisfy, substantial facts in this court

2. In other words, a property claim arising prior to the declaration of bankruptcy against a debtor regarding the determination of the cause of a claim, which is, a bankruptcy claim, even if a decision to grant immunity on the bankrupt becomes final and conclusive, that is, a bankruptcy claim is not entered in the list of creditors at the time of application for immunity, barring the case falling under the proviso thereof pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the liability is extinguished unless it falls under the proviso thereof, and the right

According to the above facts, the claim in this case constitutes a bankruptcy claim as a property claim arising from a cause arising prior to the declaration of bankruptcy, and barring any special circumstance, the decision of immunity against the plaintiff becomes final and conclusive, and thus, the plaintiff's obligation against the defendant is also exempted, and compulsory execution based on the payment order in this case

3. Judgment on the defendant's assertion

A. The defendant is sufficiently aware of the existence of the claim of this case at the time that the plaintiff applied for bankruptcy and exemption from liability.

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