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(영문) 서울남부지방법원 2017.05.26 2016가단48321
청구이의
Text

1. The Defendant’s judgment with Seoul Southern District Court Decision 2013 Ghana129490, Decided January 24, 2014.

Reasons

1. In full view of the following facts, the following facts are recognized in light of Gap evidence Nos. 1 and 3-3-3 of the facts of recognition:

A. On January 24, 2014, the Seoul Southern District Court sentenced the Plaintiff to pay 2013da129490, the Defendant’s loaning KRW 20,000,000 to the Plaintiff and the Defendant’s loaning KRW 30% per annum from May 1, 2011 to the date of full payment. The judgment became final and conclusive on February 18, 2014.

B. Meanwhile, on September 2, 2014, the Incheon District Court rendered a ruling of bankruptcy against the Defendant as the same court No. 2014Hadan489, and rendered a ruling of immunity on January 29, 2015 as the same court No. 2014Ma487, and the above ruling of immunity became final and conclusive on February 14, 2015.

C. However, since the above loan lawsuit was conducted by public notice, the plaintiff did not know about the above judgment amount's obligation, and thereby did not include the above judgment amount's obligation in the bankruptcy creditor list.

2. Thus, the loan obligations based on the above final judgment were extinguished by the effect of the above decision to grant immunity. Thus, the plaintiff's claim of this case seeking non-permission of compulsory execution based on the above final judgment is justified.

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