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(영문) 부산지방법원 2016.10.26 2016나3802
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On May 20, 2004, the Plaintiff, while operating Samsung Fire and Marine Insurance Co., Ltd. on May 20, 2004, collisioned D vehicles owned by the insured Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”).

(hereinafter “instant traffic accident”). B.

Samsung Fire paid 1,446,00 won for the repair cost of the insured vehicle damaged to C on June 2, 2004.

C. On January 19, 2006, Samsung Fire filed a claim with the Busan District Court Decision 2006Da42702 against the Plaintiff for the indemnity claim that was acquired due to the payment of the above insurance proceeds, and the duplicate, etc. of the claim were served on the Plaintiff by means of service by public notice, and the judgment against the Plaintiff was rendered on September 26, 2006, and it became final and conclusive on November 1, 2006.

(hereinafter “instant judgment”) D.

On December 12, 2007, the Defendant acquired the claim for the above claim for reimbursement against the Plaintiff from Samsung Fire, and applied for a seizure and collection order against the Plaintiff’s property upon receiving the succeeding execution clause of the instant judgment on August 11, 2011. Busan District Court decided on August 16, 2012 to the Plaintiff as Busan District Court No. 18003, Aug. 2012. 201.

(hereinafter “instant claim seizure and collection order”) E.

On November 4, 2014, the Plaintiff was granted bankruptcy and immunity from the Supreme Court Decision 2013Haak2075 and 2013Ma2076, and the bankruptcy and exemption from immunity was finalized on November 19, 2014.

(F) At the time of the bankruptcy and immunity of this case, the list of creditors did not state the claim for reimbursement of Samsung Fire or the claim for the Defendant’s transfer money.

[Ground of recognition] Facts without dispute, Gap's 3, 4, Eul's 1 to 3 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff did not know the existence of the Defendant’s claim for the transfer money at the time of receiving the instant bankruptcy and immunity decision.

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