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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2017.05.11 2016가단115140
청구이의
Text

1. The defendant's decision is based on the Seoul Central District Court Decision 2006Gaso979 decided August 9, 2006.

Reasons

1. Facts of recognition;

A. On August 9, 2006, the Defendant filed a lawsuit against the Plaintiff for a loan claim with the Seoul Central District Court Decision 2006Gaso9779, and sentenced on August 9, 2006, “the Plaintiff (the Defendant in the above case) to the Defendant (the Plaintiff in the above case) to pay 2.956,325 won per annum to the Defendant (the Plaintiff in the above case) and 5% per annum from January 27, 2006 to May 10, 2006, and 20% per annum from the next day to the day of full payment.” The above judgment was finalized on September 7, 2006.

(hereinafter referred to as “pre-trial case judgment”). (b)

On January 23, 2008, the Plaintiff was declared bankrupt by the Seoul Central District Court Decision 2007Hadan3934, and on October 8, 2008, the Plaintiff also includes the Plaintiff in the list of creditors of the above declaration of bankruptcy and the above decision of immunity upon the receipt of decision of immunity by the Seoul Central District Court Decision 2007Ma39357, Oct. 8, 2008 (hereinafter referred to as “instant decision of immunity”).

C. On August 24, 2016, the Defendant rendered the judgment of the preceding case as the executive title, and received a seizure and collection order against the financial account, etc. under the Plaintiff’s name as Seoul Eastern District Court 2016TT9800.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of claim, a claim based on the judgment of the preceding case is a bankruptcy claim, which is a property claim based on the causes arising before the plaintiff is declared bankrupt, and as the immunity decision of this case becomes final and conclusive, compulsory execution based on the judgment of the preceding case shall be dismissed

B. The defendant's assertion 1) The defendant did not receive any notification from the defendant concerning the plaintiff's declaration of bankruptcy or decision on immunity, and the plaintiff did not receive any income from the income from the bank account in the name of C and conducted a double bankruptcy without any income and therefore, the plaintiff cannot respond to the plaintiff's claim. 2) The plaintiff's claim is not more than hump and the Debtor Rehabilitation and Bankruptcy Act.

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