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(영문) 인천지방법원 2019.01.09 2018가단25167
청구이의
Text

1. The Defendant’s decision on recommendations for performance in the loan case against the Plaintiff is based on the Incheon District Court Decision 2013 Ghana135032.

Reasons

1. Facts of recognition;

A. The Defendant lent KRW 20,000 to the Plaintiff around 2002.

B. On October 15, 2013, the above court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) with the purport that “the Plaintiff shall pay to the Defendant an amount equivalent to 20% per annum from the next day of service of a copy of the complaint and the amount of KRW 20,000,000 to the day of full payment” (hereinafter “decision on performance recommendation of this case”). The above decision on performance recommendation was finalized around that time.

C. On February 11, 2011, the Plaintiff was granted immunity in the Incheon District Court Decision 2010:2244; and 201Hadan2246 (hereinafter “instant immunity”); and the said immunity became final and conclusive on February 26, 2011.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. According to the above facts of recognition, the claims based on the decision on performance recommendation of this case are bankruptcy claims arising from the grounds before bankruptcy is declared, and the effect of the decision on immunity of this case against the plaintiff pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act is limited to the claims based on the decision on performance recommendation of this case. Thus, the defendant's compulsory execution based on the decision on performance recommendation of this case against

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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