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(영문) 서울북부지방법원 2019.08.27 2019가단5458
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Northern District Court Decision 2011Gaso90157 Decided November 17, 2011.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the statements in Gap evidence Nos. 3 through 6, the court rendered a final and conclusive judgment that "the plaintiff shall pay to the defendant 16,061,777 won and 4,580,116 won a rate of 20% a year from June 9, 201 to the date of full payment," and the court rendered a judgment that "the plaintiff shall pay to the defendant 16,061,77 won and 4,580,116 won a year from June 9, 201 to the date of full payment," and that the bankruptcy (U.S. District Court Decision 201Hadern2901Hadern2901) against the plaintiff was declared on February 9, 2012 and the decision to grant immunity to the plaintiff on May 1, 2012 (the decision to grant immunity to the creditor 2011) was not made.

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 facts acknowledged above, the Defendant’s loan claims against the Plaintiff, which were the basis of the above judgment, constitute bankruptcy claims as a property claim arising from a cause arising before the declaration of bankruptcy, and lost its executive force by the confirmation of the above exemption permission decision against the Plaintiff, barring any special circumstance, compulsory execution based on the above judgment against the Plaintiff is not allowed.

3. As to the defendant's argument

A. The summary of the claim is ① the existence of the claim for reimbursement at the time when the plaintiff applied for bankruptcy and exemption.

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