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(영문) 인천지방법원 부천지원 2021.03.05 2020가단9031
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 17, 2014, the Defendant filed a lawsuit against the Plaintiff (hereinafter referred to as “instant claim”) with the Incheon District Court Branch Branch Office 2014 Ghana 27278 (the extension of prescription period), and the Defendant served on May 2, 2014 the Plaintiff with a decision to recommend performance (hereinafter referred to as “related lawsuit”). The Plaintiff raised an objection on May 14, 2014, and the date of pleadings was proceeding. On September 25, 2014, the Defendant (the Plaintiff of this case) ordered the Plaintiff (the Plaintiff of this case) to pay 1,00,000 won to the Plaintiff (the Plaintiff of this case) and the amount calculated at the rate of 20% per annum from March 10, 2004 to the date of full payment (hereinafter “the Plaintiff’s appeal”). The Plaintiff’s bankruptcy became final and conclusive on July 10, 2014 (hereinafter referred to as “the Plaintiff’s appeal”).

B. On April 11, 2014, the Plaintiff filed an application for bankruptcy and exemption with the Gwangju District Court (hereinafter “instant application for exemption”), and the decision of exemption became final and conclusive on December 9, 2014 upon receipt of the decision of exemption on November 24, 2014 (hereinafter “instant decision of exemption”).

The Plaintiff did not enter the Defendant’s claim in the list of creditors in the instant application procedure for immunity.

[Ground for recognition] Unsatisfy, Gap evidence of Nos. 2 through 8 (including each number if there are several numbers; hereinafter the same shall apply), Eul evidence of Nos. 1, 3 and 4, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's claim in this case is a claim that the plaintiff's husband D created a guarantee without the plaintiff's husband's consent, and the first decision in 2003 was delivered by public notice, and the objection filed in the trial of this case was submitted at will without the plaintiff's knowledge.

The plaintiff did not know the defendant's claim at the time of the application for exemption of the case, and was omitted from the creditor list and maliciously.

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