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(영문) 서울중앙지방법원 2018.05.30 2017가단75393
채무부존재확인 청구의 소
Text

1. The defendant's compulsory execution against the plaintiff by the Seoul Central District Court 2007Gaso157382 is enforced based on the judgment on the claim amount case.

Reasons

1. The defendant filed a lawsuit against the plaintiff on June 8, 2007, seeking payment of KRW 1,435,390 as Seoul Central District Court Decision 2007da157382, and damages for delay thereof, and received a judgment accepting the defendant's claim in whole on October 4, 2007 (hereinafter "the judgment of this case"), and the above judgment became final and conclusive on October 26, 2007.

2. The assertion and judgment

A. The plaintiff's assertion asserts to the purport that compulsory execution based on the judgment of this case should be dismissed, as the plaintiff was exempted from liability by bankruptcy and immunity decision.

B. On October 22, 2013, the Plaintiff was granted immunity by Suwon District Court Decision 2012Da8462, which became final and conclusive on November 6, 2013, and the Plaintiff filed a lawsuit seeking confirmation of immunity against the Defendant on the grounds that the Defendant was omitted in the list of creditors of the said case, and the fact that it became final and conclusive on January 28, 2016 that “the obligation based on the instant judgment is confirmed to have been discharged.”

Thus, the obligor who has been exempted is exempted from the responsibility for the whole of the obligation to the bankruptcy creditors except the distribution under the bankruptcy procedure (main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act). Therefore, compulsory execution based on the judgment of this case cannot be permitted.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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