logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.04.13 2017가단140630
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff is based on the Seoul Northern District Court Decision 2009Da165812 Decided December 7, 2009.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff to pay the credit card price to the Seoul Northern District Court 2009 Ghana 165812.

On December 7, 2009, the above court rendered a judgment that "the plaintiff shall pay to the defendant 3,531,540 won and 797,564 won with an annual interest of 29% from October 23, 2009 to the day of full payment," and the above judgment was delivered to the plaintiff by public notice and became final and conclusive around that time.

(hereinafter “instant debt”). (b)

On October 23, 2015, the Plaintiff received the Seoul Central District Court Decision 2014Da60183, which became final and conclusive on November 4, 2015.

(hereinafter referred to as “instant decision to grant the exemption of liability”). [Grounds for recognition] / [The fact that there is no dispute, entry of Gap’s evidence Nos. 1, 3 through 6 (including those with serial numbers), the purport of the entire pleadings.

2. Determination

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any claim on the property that has arisen before the declaration of bankruptcy against the debtor shall be a bankruptcy claim," and Article 566 of the same Act provides that "the debtor who has been exempted shall be exempted from all obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedure: Provided, That no liability shall be exempted with respect to any of the following claims." Thus, even if it is not entered in the list of creditors of the application for immunity, a bankruptcy claim is exempted from its liability with respect to the effect of immunity unless it falls under any subparagraph of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010). According to the above facts, the debt of this case is not listed in the list of creditors, but is exempted from its liability with the decision of permission for immunity of this case, barring any other circumstances, compulsory execution based on the debt of this case shall be denied:

B. The plaintiff goes bankrupt.

arrow