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(영문) 수원지방법원안양지원 2016.11.25 2016가단10207
약정금등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is that the Plaintiff entered into a service contract with Traco Co., Ltd. operated by the Defendant with the Defendant, and the Plaintiff directly performed the service and the Defendant agreed to pay the service fees to the Plaintiff upon receipt of payment from Traco Co., Ltd. The Defendant did not pay KRW 50 million among them (hereinafter “instant service fees”) to the Plaintiff even though the Defendant was fully paid the service fees from Traco in accordance with the above service contract. The Defendant is obliged to pay the Plaintiff the service fees of KRW 50 million and delay damages.

2. Determination on this safety defense

A. The defendant is exempted from the liability with respect to the service payment claim of this case by the court's decision of exemption from liability, and the lawsuit of this case seeking payment of the service payment of this case is unlawful.

On the other hand, the following facts are examined: (a) a property claim arising from a cause before the declaration of bankruptcy against the debtor; (b) a bankruptcy claim is exempt from its liability due to the effect of immunity, barring any special circumstances, even if the immunity decision becomes final and conclusive, and is not entered in the list of creditors at the time of the application for immunity, barring any special circumstances; (c) a bankruptcy claim is subject to the effect of immunity; and (d) the right and executory power of filing a lawsuit that has ordinary claims due to natural obligations and lose executory power; and (d) in full view of the purport of the argument in the evidence No. B, after the occurrence of the service payment claim in this case, the defendant filed an application for bankruptcy and immunity with the court on Nov. 23, 2009; and (d) the adjudication of bankruptcy on permission for exemption was rendered on Jan. 25, 2010; and (e) the above decision on permission for exemption becomes final and conclusive on Feb. 11, 2010; and (e) the plaintiff was not included in the list of creditors at the above.

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