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(영문) 서울중앙지방법원 2018.08.21 2017가단5232214
청구이의
Text

1. The judgment on the Defendant’s claim for reimbursement against the Plaintiff is based on the Seoul Central District Court Decision 2013 Ghana21918.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff regarding a traffic accident caused by November 11, 2012 (hereinafter “traffic accident in this case”) with the Seoul Central District Court 2013da221918 (hereinafter “instant traffic accident”), and the said court affirmed the lawsuit by means of service by public notice from the delivery of the copy of the complaint to the Plaintiff, and on April 8, 2014, rendered a judgment that “the Plaintiff shall pay to the Defendant KRW 10,00,000 and the amount calculated at the rate of KRW 5% per annum from November 28, 2012 to April 4, 2014, and 20% per annum from the following day to the date of full payment,” and the said judgment was served to the Plaintiff by public notice, and became final and conclusive around that time.

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

On May 11, 2017, the Plaintiff filed an application for bankruptcy and immunity with the Changwon District Court Decision 2017Hadan10200, 2017Ma10200, and 2017Ma10200. The said court rendered a declaration of bankruptcy on June 27, 2017, and subsequently rendered a decision to grant immunity to the Plaintiff on September 7, 2017, and the said decision to grant immunity became final and conclusive on September 22, 2017.

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

C. On April 2, 2015, the Defendant, based on the instant judgment, received a claim attachment and collection order (hereinafter “instant collection order”) regarding the Plaintiff’s claim against the Daegu Bank, the New Bank, the Korea Bank, the Korea Stock Company, the Hyundai Savings Bank, and the Hyundai Savings Bank, as the Seoul District Court Decision 2015TTT 3456, on April 2, 2015. The instant collection order was served on the Plaintiff on September 22, 2017.

[Reasons for Recognition] Unsatisfy, Gap 1 through 6, the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s claim on property arising prior to the declaration of bankruptcy, that is, the bankruptcy claim, even if a decision to grant immunity on the bankrupt becomes final and conclusive, is not entered in the list of creditors, the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act.

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