logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.22 2014가단98173
면책확인
Text

1. The defendant's compulsory execution against the plaintiff by the Seoul Central District Court Decision 2008Gaso67424 is enforced.

Reasons

1. Basic facts

A. On October 27, 2001, the Plaintiff borrowed KRW 10,000,000 from C and drafted a authentic deed of promissory notes.

B. C filed a lawsuit against the Plaintiff as Seoul Central District Court 2008Gaso67424, and the above court rendered a judgment on July 1, 2008 that “The Plaintiff shall pay C 10,000,000 won with interest of 20% per annum from July 11, 2008 to the date of full payment” (hereinafter the judgment of this case).

C. The Plaintiff was granted immunity on April 22, 2011 upon filing an application for immunity with the District Court 2010 Do 2010 Do 1687 (hereinafter “Immunity exemption”). The same year

5. At around July, the decision to grant immunity became final and conclusive, and at the time, there were eight financial institutions creditors in the list of creditors, but C omitted.

C around April 2014, around April 2014, transferred claims based on the instant judgment to the Defendant, and notified the Plaintiff of the assignment of claims on May 2, 2014.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Where a decision to grant permission to the debtor for the determination of the cause of the claim becomes final and conclusive, the debtor is exempted from all of his/her obligations to the bankruptcy creditor (Articles 565 and 566 of the Debtor Rehabilitation and Bankruptcy Act), and according to the above facts of recognition, the decision to grant the immunity of this case becomes final and conclusive, barring any special circumstance, and thus, the plaintiff C’s obligations arising prior to the decision of this case are entirely discharged.

Therefore, compulsory execution based on the judgment of this case against the plaintiff should not be permitted.

3. The defendant asserts that the decision of the defendant's argument does not affect the decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision

In this regard, C filed a lawsuit against the plaintiff for the payment of the loan, and the judgment is rendered.

arrow