logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.09.20 2017가단224672
구상금 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff against the Defendant: (a) based on the final judgment of Seoul Southern District Court 2007Kadan14203, the Plaintiff has the “claim of 50 million won and damages for delay with the rate of 20% per annum from February 24, 2007 to the date of full payment”; (b) based on the payment order finalized from Suwon District Court 2007Kanam Branch 2007 Jeonnam Branch 19 to the date of full payment; and (c) based on the payment order finalized from April 13, 2007 to the date of full payment, the Plaintiff has the “claim of 6,635,657 won and damages for delay with the rate of 20% per annum from April 13, 2007 to the date of full payment; and (d) based on the payment order finalized from October 30, 207, the Seoul Southern District Court 200,000 won and damages for delay with the rate of 20% per annum.”

B. On January 28, 2013, the Defendant filed a petition for bankruptcy with the Gwangju District Court 201Hadan02700, and was declared bankrupt by the above court. On April 2, 2013, the Defendant was granted immunity by the same court 2012Ha2,02700, and the said decision became final and conclusive on April 18, 2013.

C. At the time of the above bankruptcy and application for immunity, the list of creditors submitted by the Defendant was omitted with each of the claims of the Plaintiff.

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

2. The parties' assertion and judgment

A. As to the instant lawsuit filed by the Plaintiff for the extension of the extinctive prescription of claims based on each of the above final and conclusive judgments and payment order, the Defendant asserts that each of the above obligations was exempted, since he/she was declared bankrupt and exempted from immunity.

As to this, the plaintiff asserts that since the defendant knew of the existence of the obligation against the plaintiff and omitted it in the list of creditors in bad faith, each of the above obligations is excluded from the target of exemption, and that the defendant is responsible for paying it.

B. (1) Determination is made by the debtor under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act, “a claim which is not entered in the list of creditors in bad faith”, before immunity is granted by the debtor.

arrow