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(영문) 서울중앙지방법원 2017.02.07 2016가단5158838
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 21, 2002, the Defendant filed an application for payment order with the Plaintiff for the payment order against the Plaintiff on a transfer of the principal and interest on the loan of Yes Capital Co., Ltd., and on February 24, 2015, the Defendant filed an application for payment order with the Plaintiff for the payment of the above transfer money claim (hereinafter “the instant transfer money claim”).

(Seoul Central District Court 2015Da45639). The original of the above payment order was delivered to the Plaintiff on April 3, 2015, and the Plaintiff filed a report on the place of service and the receipt of the delivery order on April 6, 2015 and filed an objection against the above payment order, and the said case was implemented as an ordinary litigation (Seoul Central District Court 2015DaDa567780). In the above litigation procedure, the Plaintiff was notified of the date of pleading by dispatch on July 7, 2015, and the said court concluded the pleading on the date of pleading open on the same day and declared a judgment of deemed confession.

The above judgment was served on the Plaintiff on July 20, 2015 and finalized on August 4, 2015 (hereinafter “instant judgment”). B.

On March 13, 2014, the Plaintiff was declared bankrupt and the Plaintiff was declared bankrupt on March 9, 2015 by the Suwon District Court 2014, and was declared bankrupt on March 13, 2015. On April 4, 2016, the exemption decision was finalized on April 19, 2016.

At the time of the application for bankruptcy and exemption, the Plaintiff did not include the claim for the amount of the transfer money in the list of creditors who omitted the claim for the amount of the transfer money.

[Reasons for Recognition] Unsatisfy, Gap 1-4 evidence, Eul 1-3 evidence, the purport of the whole pleadings

2. The Plaintiff’s assertion as to the cause of the claim (1) that the Plaintiff did not enter the claim of this case in the creditor list at the time of the Plaintiff’s application for bankruptcy and exemption does not constitute bad faith, and thus, the effect of the decision on immunity of this case on the above claim pursuant to Article 566 subparag. 7 of the Debtor Rehabilitation

(2) The proviso to Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act shall be the debtor's bad faith.

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