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(영문) 수원지방법원안양지원 2017.07.14 2017가단5172
청구이의
Text

1. The defendant's notary public against the plaintiff is a law firm Multiurury Law Firm 19 February 2008 No. 238 of 2008.

Reasons

1. Facts of recognition;

A. On February 19, 2008, the Plaintiff borrowed interest of KRW 10 million from the Defendant on a monthly basis, and on February 12, 2011, the due date for payment. On the same day, the Plaintiff and the Defendant drafted a notarial deed under a monetary loan agreement with the purport that a notary public does not object even if he is immediately subject to compulsory execution (hereinafter “notarial deed of this case”).

B. As the Plaintiff did not repay the above debt, the Defendant applied for a seizure and collection order against the Plaintiff’s wage claim (the claimed amount of KRW 30,706,152) against the same maritime accident company (the claimed amount of KRW 30,706,152) in the instant notarial deed. The Defendant applied for a seizure and collection order of the claim as the District Court 2016TT16,6023, and the said court rendered a decision of citing it on November 2,

C. Meanwhile, the Plaintiff was declared bankrupt by Seoul Central District Court 2008Hadan40063, and on October 12, 2009, the Seoul Central District Court 2008Ma40063 decided to grant immunity (the above claim against the Plaintiff is included in the list of creditors), and the above decision to grant immunity became final and conclusive on October 17, 2009.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the defendant's claims based on the notarial deed of this case against the plaintiff are claims based on the defendant's property arising from the causes before the declaration of bankruptcy, and as long as the decision to grant immunity against the plaintiff becomes final and conclusive, barring any special circumstance, the defendant's obligation to pay the above claims is exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and thus, the defendant's compulsory execution based on the notarial deed

B. The Defendant made a motion for bankruptcy and exemption for the purpose of deceiving the court or evading the obligation despite the Plaintiff’s own ability to repay.

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