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(영문) 서울서부지방법원 2015.09.09 2015가단210562
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on this Court Decision 2008Gauri16531 Decided March 11, 2009.

Reasons

1. Determination as to the cause of claim

A. In fact, the Defendant filed a lawsuit against the Plaintiff claiming the amount of the Promissory Notes (No. 2008 Ghana165361).

On March 11, 2009, the court rendered a judgment that "the plaintiff shall pay to the defendant 5.9 million won with the interest of 25% per annum from August 14, 1998 to May 31, 2003, and 20% per annum from June 1, 2003 to the day of complete payment" (hereinafter "the judgment of this case").

The instant judgment became final and conclusive.

The plaintiff did not enter the plaintiff's claims in the list of creditors submitted to the above court as the Seoul Central District Court 2012Han 1378, 2012Han 1378, 1378.

After that, on March 12, 2014, the Plaintiff obtained the Seoul Central District Court's decision to grant immunity, and the said decision became final and conclusive.

(hereinafter “instant decision on immunity”). [The grounds for recognition] A’s evidence 1 to 4, A’s evidence 6, and the purport of the entire pleadings

B. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “The debtor shall be entitled to a bankruptcy claim against the property claim arising prior to the declaration of bankruptcy, and Article 566 of the same Act provides that “The debtor granted immunity shall be exempt from all obligations to the bankruptcy creditor except dividends under the bankruptcy procedures: Provided, That no liability shall be exempted for any of the following claims.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, it shall be exempted from the effect of immunity unless it falls under any of the subparagraphs of the proviso of Article 566 of the Debtor Rehabilitation Act (see Supreme Court Decision 2010Da3353, May 13, 2010), barring any circumstance provided in the proviso of Article 566 of the Debtor Rehabilitation Act. Therefore, the defendant’s claim as a bankruptcy claim, even if the plaintiff’s bankruptcy and exemption is applied for, at the time of filing an application for immunity,

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