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(영문) 인천지방법원 2016.11.04 2016가단39704
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff based on this Court Decision 2009 Ghana253254 is denied.

2.This judgment.

Reasons

The following facts of recognition of the judgment as to the cause of the claim may be recognized by either of the parties to the dispute or by showing the overall purport of the pleading in Gap evidence Nos. 1 through 3 (including the serial number; hereinafter the same shall apply):

The defendant filed a lawsuit against the plaintiff for the return of unjust enrichment against the plaintiff in Incheon District Court 2009Gapo253254. The judgment ordering the plaintiff to pay KRW 6,688,040 on November 19, 209 and delay damages (hereinafter "the judgment of this case") was sentenced. The judgment of this case was finalized on December 24, 2009.

The Plaintiff was declared bankrupt on September 30, 201 at the Incheon District Court (201Haak3741) and granted immunity on November 23, 201 (201,3742, hereinafter “instant immunity”), and the said immunity became final and conclusive on December 8, 201 of the same year.

However, the Plaintiff omitted the bonds in accordance with the judgment under the preceding paragraph (hereinafter “instant bonds”) in the list of creditors.

The effect of immunity under the main sentence of Article 566 of the Act does not fall under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), provided that a bankruptcy claim is not recorded in the list of creditors at the time of the application for immunity and its immunity becomes final and conclusive against a debtor for the judgment on the cause of a claim before the declaration of bankruptcy. In other words, a bankruptcy claim is exempt from liability due to the effect of immunity under the main sentence of Article 566 of the Act and the ability and executory power

According to the above facts of recognition, the instant claim is a property claim arising from a cause arising before the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity decision against the plaintiff is finalized and thus loses its executive force, barring any special circumstance, compulsory execution based on the judgment of this case shall not be permitted.

The defendant's assertion as to the defendant's assertion is the immunity decision of this case.

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