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(영문) 서울중앙지방법원 2019.01.24 2018가단5117756
청구이의
Text

1. The defendant's decision against the plaintiff is based on the Seoul Central District Court Decision 2008Gadan9837 Decided April 22, 2008.

Reasons

1. Basic facts

A. On April 22, 2008, the defendant filed a lawsuit against the plaintiff against the plaintiff as Seoul Central District Court 2008Kadan9837, and on the end of the above case by public notice, the above court rendered a judgment that on March 30, 2008, the plaintiff would jointly and severally pay to the defendant 50 million won and the amount calculated at the rate of 20% per annum from March 30, 2008 to the day of complete payment (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive around that time.

B. The ground for the instant judgment was that the Defendant received the claim from D and demanded payment from the Plaintiff and C, the debtor, but failed to comply with the demand, and sought payment of the acquisition amount.

(hereinafter, the Defendant’s claim against the Plaintiff for the above transfer money (hereinafter “instant claim”).

The same year upon receipt of a decision to grant immunity on August 21, 2013 (hereinafter referred to as "decision to grant immunity of this case") from the Gwangju District Court 2013Hadan89, 2013 and 889 for bankruptcy and exemption.

9. 5. The decision of immunity in this case became final and conclusive, and the list of creditors in bankruptcy and immunity case did not include the claim in this case.

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

2. Determination on the cause of the claim

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any property claim against a debtor arising prior to the declaration of bankruptcy shall be a bankruptcy claim" and Article 566 of the same Act provides that "a debtor so exempted shall be exempted from all of his/her obligations to a bankruptcy creditor except for dividends arising from bankruptcy proceedings: Provided, That any of the following claims shall not be exempted from liability," and thus, even if the bankruptcy claim was not entered in the list of creditors of the application for immunity, the above Act provides that "the above claims shall not be exempted from liability:

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