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(영문) 서울중앙지방법원 2018.03.29 2017가단5186540
청구이의
Text

1. As to the Defendant’s claim against the Plaintiff, the Seoul Central District Court held that the Defendant’s loans, etc. (No. 2011Kadan208283, Sept. 9, 201) are applied.

Reasons

1. Facts of recognition;

A. On June 201, the Defendant filed a lawsuit against the Plaintiff, including a loan, with the Seoul Central District Court, and the said court proceeded with the lawsuit by public notice from the delivery of a copy of the complaint to the Seoul Central District Court, and on September 9, 2011, rendered a judgment that “the Plaintiff shall pay KRW 61,00,000 to the Defendant and its delay damages,” and the said judgment was served on the Plaintiff by public notice, and became final and conclusive around that time.

(hereinafter referred to as the “instant judgment”). B.

The Plaintiff filed an application for bankruptcy and immunity with the Daegu District Court No. 2014Hagu District Court No. 4682, 2014Hadan4682, and the said court rendered a decision to grant immunity to the Plaintiff on October 6, 2015, and the said decision became final and conclusive on October 21, 2015.

However, the plaintiff did not enter the defendant in the list of creditors submitted at the time of bankruptcy and exemption.

C. On September 21, 2017, based on the instant judgment, the Defendant received a seizure and collection order as to the Plaintiff’s claim against the Daegu Bank, etc. as the Jeju District Court 2017TTTT5048, and issued the said seizure and collection order on September 28, 2017.

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

2. Determination

A. A. A claim on property arising from a cause before the bankruptcy is declared against the debtor for the judgment on the cause of the plaintiff's claim, that is, a bankruptcy claim shall be exempted from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the decision on immunity against the bankrupt becomes final and conclusive,

According to the facts acknowledged above, the defendant's claim against the plaintiff in the judgment of this case is a claim on property arising from a cause before the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity decision against the plaintiff is finalized, thereby losing its executive force.

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