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(영문) 수원지방법원 2020.11.18 2020가단554917
청구이의
Text

The defendant's Suwon District Court 2010dan57158 case is based on the mediation protocol dated November 10, 2010.

Reasons

On November 10, 2010 in Suwon District Court Decision 2010Da57158, the Plaintiff and the Defendant, “The Plaintiff shall be paid KRW 60 million to the Defendant, but the payment method thereof shall be KRW 20 million on December 31, 2010, KRW 20 million on January 31, 201, and KRW 20 million on February 28, 2011, shall be paid KRW 20 million on February 28, 201 (hereinafter referred to as “instant conciliation”). The Plaintiff filed an application for bankruptcy and exemption on January 2017 (Seoul District Court Decision 201Du10036, KRW 10036, KRW 10036, 2017), and there was no dispute between the parties and the Defendant, or a decision to grant immunity on immunity on May 21, 2017, and at the same time, it can be acknowledged that the decision to grant immunity was granted on the whole Party Gap’s pleading.

The effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, insofar as a decision to grant immunity on the debtor's property right arising from the cause before the debtor is declared bankrupt, that is, a bankruptcy claim is not recorded on the list of creditors, even if such decision becomes final and conclusive, insofar as such decision does not fall under the proviso of Article 566 of the same Act. According to the above facts of recognition, the defendant's claim against the plaintiff under the conciliation protocol of this case constitutes a bankruptcy claim as a property right arising from the cause before the bankruptcy is declared, and its executory power is lost upon the decision to grant immunity against the plaintiff. Thus, compulsory execution based on the conciliation protocol of this case against the

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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