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(영문) 서울중앙지방법원 2018.06.07 2017가단41611
청구이의
Text

1. The judgment on the loan case against the defendant against the plaintiff by Seoul Central District Court Decision 2006Gaso286917 decided January 12, 2007.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff for a loan claim against the Seoul Central District Court 2006Gaso286917, and the above court affirmed the judgment on January 12, 2007, stating that “the Plaintiff shall pay KRW 2,400,000 to the Defendant and the delay damages therefrom,” and the above judgment was served by service by publication to the Plaintiff, and became final and conclusive around that time.

(hereinafter referred to as the “instant judgment”). B.

The Plaintiff filed an application for bankruptcy and discharge with the Seoul Central District Court Decision 2009Hadan533, 2009Ma55333, Sept. 17, 2010, which became final and conclusive on October 2, 2010.

However, the plaintiff did not enter the defendant in the list of creditors submitted at the time of bankruptcy and exemption.

C. On December 16, 2016, based on the instant judgment, the Defendant received a seizure and collection order as to the Plaintiff’s claim against the new bank, etc. as Seoul Northern District Court 2016TTT18892, and the above seizure and collection order was served on the Plaintiff around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, and 5 evidence (including branch numbers), the purport of the whole pleadings

2. Determination

A. A. A claim on property arising from a cause before the bankruptcy is declared against the debtor, that is, a bankruptcy claim shall be exempted from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the proviso of Article 566 of the same Act, even if the immunity decision on the cause of the plaintiff's claim becomes final and conclusive, and is not entered in the list of creditors.

According to the facts acknowledged above, the defendant's claim against the plaintiff in the judgment of this case is a claim on property arising from the cause before the bankruptcy is declared, and the decision of immunity against the plaintiff is made.

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