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(영문) 수원지방법원 안산지원 2018.10.16 2017가단61044
청구이의
Text

1. On April 6, 2012, Suwon District Court Decision 2012Gau7865, the Defendant’s loan case against the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 8, 2002, the Defendant filed a lawsuit against the Plaintiff for the loan claim No. 2001 Ghana 15013, and sentenced on March 8, 2002, “the Defendant shall pay to the Plaintiff 5 million won and 25% interest per annum from May 15, 2001 to the date of full payment.”

(hereinafter “instant loan claim”). The foregoing judgment became final and conclusive on May 4, 2012.

B. On February 9, 2012, the Defendant filed a lawsuit against the Plaintiff for a loan claim under this Court No. 2012 Ghana7865 for the interruption of extinctive prescription of the instant claim, and the said court on April 6, 2012.

The decision on performance recommendation (hereinafter referred to as the "decision on performance recommendation of this case") was made with the same content as the judgment stated in the paragraph.

The instant decision on performance recommendation was finalized on May 4, 2012.

C. On May 7, 2012, the Plaintiff filed an application for bankruptcy and exemption of multiple obligations including the instant claim with the Suwon District Court Decision 201Hadan391, 2012Ma3391 on May 7, 2012. The Plaintiff was declared bankrupt on March 20, 2013, and was granted immunity on June 15, 2017, respectively, and the said immunity immunity became final and conclusive on August 6, 2013.

On June 8, 2017, the Defendant applied for a collection order for the seizure and collection of claims under this Court No. 2017TTT No. 10451, with the authentic copy of the instant decision on performance recommendation, and received the above order on June 13, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings

2. Determination

A. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act, a claim on property against a debtor arising prior to the declaration of bankruptcy is a bankruptcy claim. According to the main sentence of Article 566 of the same Act, a debtor who has been exempted from liability is exempted from all obligations to a bankruptcy creditor except dividends arising from bankruptcy procedures.

The claim of this case constitutes a bankruptcy claim arising prior to the declaration of bankruptcy against the plaintiff, and the decision to grant immunity against the plaintiff is confirmed on August 6, 2013 as seen earlier.

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