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(영문) 서울남부지방법원 2019.04.30 2018가단252209
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff by Seoul Southern District Court Decision 2012Kadan54069 Decided April 30, 2013.

Reasons

1. The fact that there is no dispute between the defendant and the plaintiff in Seoul Southern District Court Decision 2012Kadan54069, Apr. 30, 2013 that "the plaintiff, C, and D shall jointly and severally pay to the defendant 40,000,000 won with interest of 30,000 won per annum from January 20, 2013 to the date of complete payment (hereinafter "the judgment of this case") and that "the defendant shall pay the amount calculated at the rate of 30% per annum from January 20 to the date of complete payment." The judgment of this case becomes final and conclusive around that time. ② The plaintiff cannot request bankruptcy and exemption from the debt of this case to the Seoul Southern District Court on June 17, 2014 (hereinafter "the decision of this case") and the plaintiff's claim for immunity from the above court on Oct. 31, 2014 (hereinafter "the decision of this case's immunity from immunity from 2014 and 184.18

2. The parties' assertion

A. In light of the background leading up to the occurrence of the obligation based on the judgment of this case and the fact that the litigation procedures of this case were conducted by public notice, etc., the plaintiff did not know the existence of the above obligation at the time of applying for bankruptcy and exemption and did not enter it in the list of creditors, the effect of the immunity decision of this case shall also affect the above claim, and therefore, compulsory execution based on

B. The Plaintiff was aware of the existence of the above debt in the course of the bankruptcy and exemption, but failed to enter the above debt in the list of creditors in bad faith. Thus, the Defendant’s claim against the Plaintiff constitutes non-exempt claim.

3. Determination

(a) Any judgment on the cause of the claim has arisen before the debtor is declared bankrupt.

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