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(영문) 서울중앙지방법원 2016.06.22 2015가단5375520
청구이의
Text

1. The judgment of the Seoul Central District Court against the defendant on August 28, 2007 regarding the defendant's acquisition money case.

Reasons

1. Facts without dispute;

A. The defendant filed a lawsuit against the plaintiff to the Seoul Central District Court 2007Gaso1753738 and proceeded by public notice. As a result, the defendant was sentenced to the judgment of October 19, 2007 that "the defendant shall pay to the plaintiff 12,167,906 won and 5,767,005 won with interest of 18% per annum from December 27, 2006 to August 8, 2007, and 20% per annum from the next day to the day of complete payment." The above judgment became final and conclusive around that time.

B. On December 6, 2007, the Defendant received a seizure and collection order for KRW 12.1 million from among the claims that the Plaintiff owned against Samsung Life Insurance Co., Ltd. as the Cheongju District Court Decision 2007TTTTT 2007TT 1867, and issued a seizure and collection order for KRW 15,727,648 from among the claims that the Plaintiff owned against Ko Life Insurance Co., Ltd. as the Cheongju District Court Young-dong Branch 2010TT 127 on February 26, 2010.

Each of the above orders was served on the Plaintiff, the debtor, by public notice.

C. The Plaintiff was granted immunity on January 9, 2013 by filing a bankruptcy and application for immunity with the Cheongju District Court 2012, 258 (Haak258). Around that time, the decision to grant immunity became final and conclusive. The Defendant’s claim at the time was not entered in the list of creditors submitted by the Plaintiff.

2. Determination on the cause of the claim

A. Any property claim arising from a cause before the debtor is declared bankrupt, that is, a bankruptcy claim, even if a decision to grant immunity on the bankrupt becomes final and conclusive, is not entered in the list of creditors at the time of application for immunity, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the effect of immunity pursuant to Article 565 of the same Act shall be exempted from the liability and shall lose the ability to file a lawsuit and executive power, which ordinarily has claims

According to the above facts of recognition, a claim based on the judgment of this case is a claim for property arising from a cause before bankruptcy is declared.

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