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(영문) 서울중앙지방법원 2020.10.22 2020가단5098667
청구이의
Text

An executory exemplification of the defendant's case of Seoul Central District Court 2013Kadan224029 against the plaintiff.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff for collection of the collection amount by Seoul Central District Court Decision 2013Da224029, but the documents of the lawsuit, such as a duplicate of the complaint, against the Plaintiff, were impossible to be served due to reasons such as the closure of the petition and the addressee’

On October 1, 2014, the above court rendered a judgment that "the plaintiff shall pay to the defendant 4,800,000 won with interest rate of 20% per annum from June 25, 2014 to the day of full payment" and the above judgment became final and conclusive around that time.

B. In order to execute the claim under the judgment under the preceding paragraph (hereinafter “instant claim”), the Defendant filed an application for the seizure and collection order with the Seoul Southern District Court 2015TTTT14, Seoul Southern District Court (hereinafter “Seoul Southern District Court”), and received from the above court the seizure and collection order against the claims owned by the Plaintiff against the Industrial Bank of Korea, etc., which is the garnishee.

The service of the above seizure and collection order against the plaintiff, who is the debtor, was carried out by service.

C. In order to execute the instant claim, the Defendant filed a new claim attachment and collection order with Seoul Southern District Court 2019TTTT 201753, and subsequently rendered a decision on November 27, 2019. However, the delivery of the above decision to the Plaintiff was not made because the addressee was unknown on December 18, 2019.

The Plaintiff was granted immunity on November 29, 2019 to the Seoul Rehabilitation Court by filing an application for immunity with the Seoul Rehabilitation Court 2019Han 101744 and 2019Han 2019.

The plaintiff did not enter the claim of this case in the list of creditors upon the above application.

[Reasons for Recognition] Facts without dispute, Gap 1 to 4 evidence, each entry of Eul 1 to 4 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. With respect to the judgment on the cause of the Plaintiff’s claim, a claim on property arising before the bankruptcy is declared against the debtor, that is, a bankruptcy claim becomes final and conclusive.

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