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(영문) 서울중앙지방법원 2020.03.26 2019가단44638
청구이의의 소
Text

1. The defendant's payment order against the plaintiff was based on the Seoul Central District Court 2009 tea52921.

Reasons

1. Facts of recognition;

A. The Defendant applied to the Seoul Central District Court for a payment order with respect to the Plaintiff (Seoul Central District Court 2009 tea52921), and the above payment order was finalized.

B. The Plaintiff was granted immunity on July 15, 2014 by filing a bankruptcy and application for immunity with the District Court Nos. 201430, 1431, 2013Hadan1431, and the decision on immunity was finalized on July 31, 2014.

In the list of creditors submitted by the plaintiff at the time of filing an application for bankruptcy and immunity, the defendant's claim for the takeover against the plaintiff is not stated.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The instant claim is a property claim arising from a cause arising prior to the declaration of bankruptcy, and constitutes a bankruptcy claim under Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), and the decision to grant immunity to the Plaintiff became final and conclusive, barring any special circumstance, the Plaintiff’s liability should be deemed exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation Act.

Therefore, compulsory execution based on the judgment of this case cannot be permitted.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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