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(영문) 서울중앙지방법원 2020.11.13 2020가단22566
청구이의의 소
Text

The defendant's compulsory execution against the plaintiff is based on the Seoul Central District Court 2016Gaso26302 decision.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff (hereinafter “instant lawsuit”) seeking the payment of the assignee’s claim under the Seoul Central District Court 2016 Ghana26302.

On September 21, 2016, the instant case was rendered by public notice because the duplicate of the complaint was not served on the Plaintiff. On September 21, 2016, the said court rendered a judgment in favor of the Defendant that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 15% per annum from August 21, 2016 to the date of full payment” with respect to KRW 4,287,651 and KRW 2,347,646. The instant judgment became final and conclusive on October 20, 2016.

B. On December 16, 2019, the Plaintiff filed a bankruptcy and application for immunity with Seoul Rehabilitation Court Decision 2019Hadan104608, 2019, 104608 (hereinafter “instant bankruptcy and application for immunity”) (hereinafter “instant bankruptcy and application for immunity”), and on April 14, 2020, the decision to grant immunity became final and conclusive on May 2, 2020.

(hereinafter “instant decision to grant immunity”). C.

However, the list of creditors submitted by the Plaintiff at the time of the bankruptcy and application for immunity in the instant case did not indicate the Defendant’s claims based on the instant judgment.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 4, substantial fact in this court, and purport of whole pleading

2. According to the fact of recognition as to the cause of claim, barring any special circumstance, compulsory execution based on the judgment of this case is not permissible, barring any special circumstance, since the defendant's claim based on the judgment of this case is a property claim arising from a cause arising before the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity of this case becomes final and conclusive, thereby losing the power and executory power of a lawsuit that has ordinary claims according

3. Judgment on the defendant's defense

A. The gist of the defendant's defense was omitted in the list of creditors in bad faith, even though the plaintiff knew of the existence of the claim based on the judgment of this case at the time of applying for immunity and bankruptcy of this case.

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