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(영문) 서울중앙지방법원 2019.04.22 2018가단5249264
청구이의
Text

1. The defendant's decision against the plaintiff is based on the Seoul Central District Court 2016Gaso520757 claim amount.

Reasons

1. Basic facts

A. On December 2015, the Defendant filed an application with the Plaintiff for a payment order (Seoul Central District Court 2015 tea318889) seeking the payment of the amount of reimbursement against the Plaintiff, and the payment order against the Plaintiff was executed as a litigation procedure for which the payment order against the Plaintiff was not served, and on March 30, 2017, from the litigation procedure (Seoul Central District Court 2016Daga520757) where the service by public notice was conducted against the Plaintiff, the Defendant was sentenced to the effect that “the Plaintiff shall pay the Defendant the amount of KRW 9,31,934 and its delay damages,” and the said judgment became final and conclusive around that time.

(hereinafter referred to as the “final judgment of this case”). B.

Meanwhile, on June 14, 2016, the Plaintiff filed bankruptcy and application for immunity on November 2015, and obtained immunity (Seoul Rehabilitation Court Decision 2015Hadan10513, 2015, 10513, 10513), and on June 29, 2016, the decision became final and conclusive on June 29, 2016. The list of creditors submitted by the Plaintiff to the bankruptcy and exemption procedures is not indicated in the final and conclusive judgment of this case against the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 8, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that, at the time of the above bankruptcy and application for immunity, the plaintiff does not intentionally state his claim under the defendant's final judgment in the creditor list at the time of the above bankruptcy and application for immunity, the plaintiff's obligation against the defendant should be exempted

As to this, the defendant asserts that since the plaintiff had knowledge of the existence of the claim in the final judgment of this case at the time of the above bankruptcy and application for immunity, the claim constitutes non-exempt claim.

B. “Claims” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) that a debtor has not been entered in the list of creditors in bad faith are known to the creditor list even before immunity is granted.

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