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(영문) 창원지방법원 2017.01.17 2016가단4818
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 26, 2012, the judgment of the court of first instance rendered a judgment that "the defendant (the plaintiff of this case) shall pay 21,484,569 won to the plaintiff (the plaintiff of this case) and 5% per annum from March 3, 2010 to July 7, 2010, and 20% per annum from the next day to the day of full payment." The above judgment was finalized on October 30, 2010.

(hereinafter referred to as "related judgment"). (b)

On August 24, 2012, the Plaintiff confirmed the bankruptcy exemption decision of the Plaintiff, upon filing an application for bankruptcy and exemption, was granted immunity on June 3, 2014, and the above decision became final and conclusive on June 18, 2014. At the time the above immunity decision was granted, the Defendant’s above decision is made in the list of creditors

was omitted from claims based on the judgment stated in this subsection.

(C) Each of the items in subparagraphs 1 through 4, 2 and 3, and the purport of the whole pleadings, as a whole, shall be determined based on the following facts: (a) the Changwon District Court 2012: 1698, 2012Hadan1697, hereinafter referred to as “the decision on immunity of this case”).

2. The assertion and judgment

A. 1) The Plaintiff did not know the existence of the relevant judgment obligation against the Defendant at the time of the Plaintiff’s bankruptcy and exemption application. As such, the effect of the immunity decision of this case extends to the Defendant’s above claim. 2) The Plaintiff prepared a letter of payment to the Defendant that the Plaintiff would make payment to the Defendant, and the Defendant won the case in the relevant judgment based on the above letter of payment. The Plaintiff intentionally omitted the obligation against the Defendant, and the Plaintiff’s assertion is without merit.

B. “Claims not entered in the list of creditors in bad faith by an obligor” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) refers to the list of creditors even though the obligor knows the existence of obligations against the bankruptcy creditors prior to the decision to grant immunity.

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