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(영문) 수원지방법원오산시법원 2019.06.13 2018가단170
청구이의
Text

1. The Defendant’s judgment against the Plaintiff is based on the Suwon District Court Decision 2014Gaso1903 Decided April 19, 2014.

Reasons

1. Examining the overall purport of the pleadings in the evidence Nos. 1 and 2, the above court rendered a ruling against the Plaintiff and D to the effect that “the Plaintiff shall pay KRW 13,043,852 to the Plaintiff and D for the payment of the outstanding amount of KRW 13,043,852 (hereinafter “the claim of this case”) traded from May 19, 201 to June 30, 201, the Defendant did not grant immunity to the Plaintiff and D, and that “the Plaintiff shall pay the Defendant the outstanding amount of KRW 13,043,852 to the Defendant, and the Plaintiff shall not grant immunity to the Plaintiff at the time of the application for immunity on June 19, 2014; on the other hand, the Plaintiff’s decision was finalized on July 9, 2014 to the effect that the exemption exemption was not granted to the Plaintiff’s obligee and the Immunity at the time of the application for immunity.”

2. The claim on the property arising from the cause before the debtor is declared bankrupt, that is, the bankruptcy claim becomes final and conclusive, and the decision to grant immunity on the bankrupt is not recorded on the list of creditors, but is subject to the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the "DR

Except as otherwise provided for in the proviso to Article 566, the liability shall be exempted by the effect of immunity under Article 565 of the Debtor Rehabilitation Act.

In addition, the exemption of liability due to the discharge is limited to the exclusion of the right of recourse and the executory power of the claim, regardless of the existence and scope of the claim itself, so the problem of liability is not appeared as the object of adjudication in a lawsuit seeking the performance of the obligation against the debtor, and the issue of liability does not affect the res judicata in relation to the relationship which is not judged in the order and reasons as it is not the object of adjudication.

Therefore, even if the debtor is granted immunity, it is not later than the time of closing argument of the lawsuit filed by the creditor.

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