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(영문) 제주지방법원 2019.02.19 2018가단7640
청구이의
Text

1. Compulsory execution based on the Defendant’s Jeju District Court 2008Gauri61915 decision against the Plaintiff.

Reasons

1. Basic facts

A. On April 198, the defendant filed a lawsuit against the plaintiff and ASEAN as Jeju District Court 98 Ghana14835 against the plaintiff and ASEAN, and the above court rendered a favorable judgment on July 30, 1998, and the above judgment became final and conclusive on September 18, 1998.

B. According to the above judgment, the Defendant seized the movable property, such as the head of the Ri and the head of the beds, which had been at the Plaintiff’s domicile at the time of the above judgment as Jeju District Court 98Du1874, and accordingly, the movable property was sold out in the amount of KRW 4,00,000,000, following the auction procedure around October 23, 1998.

C. On November 3, 2006, the Plaintiff filed an application for bankruptcy and immunity with the Seoul Central District Court Decision 2006Hadan35526, 2006Ma37037. On April 30, 2007, the above court decided the Plaintiff’s immunity and the above immunity became final and conclusive around that time.

At the time that the Plaintiff applied for exemption, etc. as above, the Plaintiff did not separately enter the obligation to pay for the goods to the Defendant (hereinafter “instant obligation”) in the list of creditors.

Around August 2008, the Defendant again filed a lawsuit against the Plaintiff and C seeking payment of goods (hereinafter “instant lawsuit”) with the Jeju District Court 2008Gaso61915 for the interruption of extinctive prescription of the foregoing judgment claim. On September 22, 2008, the said court rendered a decision of performance recommendation on the purport that the Plaintiff and C shall jointly and severally pay KRW 13,727,500 and delay damages therefor (hereinafter “instant decision”), and the said decision became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. Whether the exemption claim falls under 1) Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).

"Claims that are not entered in the list of creditors in bad faith by an obligor" under subparagraph 7 of Article 566 means being aware of the existence of obligations against a bankruptcy creditor before immunity is granted.

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