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(영문) 서울서부지방법원 2016.04.26 2015가단29582
청구이의의 소
Text

1. The Plaintiff’s advertising price case against the Defendant is the Seoul Western District Court Decision 2008Gaso178275 Decided December 17, 2008.

Reasons

1. The following facts are acknowledged in light of the purport of the entire pleadings and the substantial facts before this court in each of the statements in Gap evidence Nos. 1 to 4.

A. The Korea Phone Board Co., Ltd. filed a lawsuit against the Plaintiff as Seoul Western District Court 2008Gaso178275 against the Plaintiff, and the lawsuit was initiated by public notice for the Plaintiff, and on December 17, 2008, the Korea Phone Board Co., Ltd. rendered a favorable judgment that “the Plaintiff shall pay KRW 830,000 to the Korea Phone Board Co., Ltd. and its delay damages.” The above judgment became final and conclusive as it is.

(hereinafter “former Judgment”). (b)

The Defendant acquired the claim for the previous judgment of this case from the Korea Phone Board Co., Ltd. against the Plaintiff.

C. The Plaintiff filed an application for individual bankruptcy and exemption from liability with the Daegu District Court No. 2010Hadan3236 and the same court No. 2010Da3236, May 31, 2012. The said decision became final and conclusive on June 16, 2012. The list of creditors submitted by the Plaintiff at the time of the said application for bankruptcy and exemption from liability did not state the obligations of the previous judgment in the list of creditors.

2. The right to claim property arising before the declaration of bankruptcy against the debtor for the judgment on the cause of the claim, namely, the bankruptcy claim, even if the immunity decision on the bankrupt becomes final and conclusive and is not entered in the list of creditors at the time of the 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 is exempted, and the right to file a lawsuit and executive force of ordinary claims are lost.

According to the above facts of recognition, a claim based on the previous judgment of this case 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, thereby losing its executive force.

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