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(영문) 서울중앙지방법원 2019.01.10 2018가단31970
채무부존재확인의 소
Text

1. The defendant's execution of the claim against the plaintiff by the Seoul Central District Court 2013 tea 19882.

Reasons

1. Facts of recognition;

A. The Defendant filed an application against the Plaintiff for a payment order against the Plaintiff as Seoul Central District Court 2013 tea 19882, and the said court served the original copy of the payment order as the Defendant, and the Defendant’s spouse was living together with the Defendant on April 9, 2013.

The above payment order became final and conclusive because the defendant did not raise an objection within the prescribed period.

(hereinafter referred to as the “instant payment order”). B.

On October 2, 2013, the Plaintiff filed an application for bankruptcy and discharge with the Gwangju District Court No. 2013Hadan2345 and 2013Ha2345 on October 2, 2013. The above court declared bankrupt on October 22, 2013, and subsequently rendered a decision to grant immunity to the Plaintiff on March 30, 2015, and the said decision to grant immunity became final and conclusive on April 14, 2015.

However, the plaintiff did not enter the defendant in the list of creditors submitted at the time of bankruptcy and exemption.

[Reasons for Recognition] A.1 to 6 Facts without dispute, each entry in Gap's evidence (including a tentative number), the purport of the whole pleadings

2. Determination

A. A. A claim on property arising from a cause before the bankruptcy is declared against the debtor for the judgment on the cause of the plaintiff's claim, that is, a bankruptcy claim shall be exempted from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the decision on immunity against the bankrupt becomes final and conclusive,

According to the facts acknowledged above, the defendant's claim against the plaintiff on the payment order of this case is a property claim arising from a cause which occurred before the bankruptcy is declared, which constitutes a bankruptcy claim, and the immunity decision against the plaintiff is finalized and thus loses its executive force, barring any special circumstance, compulsory execution against the plaintiff by the judgment of this case against the plaintiff cannot be permitted.

B. As to the defendant's assertion, the defendant raised objection before the plaintiff is granted immunity.

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