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(영문) 춘천지방법원영월지원태백시법원 2017.06.29 2016가단26
청구이의
Text

1. The defendant's defendant's monthly branch court of Chuncheon District Court is the 2012Gaso2899 decided July 11, 2013.

Reasons

In fact, on October 30, 2012, the Defendant filed an application with the Plaintiff and C for a payment order seeking the payment of the loan credit incurred on August 18, 2003 (hereinafter “instant loan credit”).

On July 11, 2013, the above court 2012Gau2899 case, which was initiated due to the impossibility of being served with the above payment order, sentenced the Plaintiff and C to the Defendant to pay KRW 10,000,000 and delay damages therefor (hereinafter “instant judgment”), and the above judgment became final and conclusive around that time.

The Plaintiff filed for bankruptcy and exemption with the Chuncheon District Court Decision 2007Hadan898, 2007Ma900 and the decision of exemption was made on January 21, 2008 (hereinafter “instant decision of exemption”). The decision of exemption became final and conclusive around that time. The Plaintiff did not enter the Defendant’s loan claims against the Plaintiff in the list of creditors at the time of the decision of exemption of this case.

【Evidence A’s evidence Nos. 1 and 2-1, 2, 3, 4, 5-1, and 5-2 of the evidence Nos. 5-1 and 5-2, and the overall purport of the pleadings are acknowledged based on the above-mentioned facts. Thus, the instant loan claims constitute a bankruptcy claim, which is a property claim arising from a cause arising prior to the declaration of bankruptcy, and thus, the effect of the exemption has expired as the immunity becomes final and conclusive and the compulsory execution based on the instant loan claims is no longer permissible.

Therefore, compulsory execution based on the judgment of this case against the validity of the decision to grant immunity of this case shall be dismissed.

The Defendant asserts that the instant loan claim constitutes “a claim not entered in the creditors’ list in bad faith” under Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, and thus, the Defendant asserted to the effect that it constitutes a non-exempt claim.

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