(영문) 의정부지방법원고양지원 2019.10.25 2019가단84495

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원고양지원 2019.10.25 2019가단84495

청구이의의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant filed a lawsuit against the plaintiff for the claim for the payment of goods with the Government Branch of Seoul District Court 2002Kadan19029, and on September 11, 2002 in the above case, "the plaintiff shall pay to the defendant 26,500,000 won with 5% per annum from March 14, 2002 to June 24, 2002, and 25% per annum from the next day to the date of full payment." It was finalized on October 10, 202.

(hereinafter referred to as “the first final and conclusive judgment of this case,” and claims based on the above judgment (hereinafter referred to as “the instant claims”). B.

The plaintiff filed an application for immunity with the Seoul Central District Court 2008Gu34056, and on February 5, 2009, the decision to exempt the plaintiff was finalized on February 20, 2009.

(hereinafter “instant exemption”). The Plaintiff did not enter the Defendant’s claim in the list of creditors while making the instant application for exemption.

C. On September 26, 2012, the Defendant brought a lawsuit against the Plaintiff on September 26, 2012, the Defendant, based on the instant final judgment, against the Plaintiff, rendered a judgment that “The Plaintiff shall pay to the Defendant 26,50,000 won and the amount calculated at the rate of 20% per annum from March 14, 2002 to June 24, 2002, 5% per annum from the next day to January 5, 2013, and 20% per annum from the next day to the day of full payment” was finalized around that time.

(hereinafter referred to as “the second final and conclusive judgment of this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 6, and the purport of the whole pleadings.

2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Act”) provides that “The debtor shall be a bankruptcy claim against a property claim arising before the declaration of bankruptcy.” Article 566 of the Act provides that “The debtor who has received immunity shall be a bankruptcy claim.” Article 566 of the Act provides that the debtor shall be responsible for all obligations owed to the bankruptcy creditor, except for dividends arising from bankruptcy proceedings.

참조조문

-채무자 회생 및 파산에 관한 법률 제423조

유사 판례

-의정부지방법원 2017.10.25 2017가단11766

-인천지방법원 2019.02.12 2018나58199

-서울서부지방법원 2017.11.29 2017가단3317

-인천지방법원 부천지원 2018.10.26 2018가합533

-부산지방법원 동부지원 2017.02.15 2016가단16056