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(영문) 대구지방법원 2019.10.31 2019가단6840
청구이의
Text

1. This Court shall not authorize compulsory execution based on a judgment 2010 Ghana1037 Decided May 14, 2010.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Defendant’s executive title (1) on August 13, 2009, applied for a payment order against the Plaintiff and C.

(This Court 2009j10951). An order for payment was not served and litigation proceedings [the case of small amount (this Court 2009 Ghana 19990)] were implemented as a general civil single case (this Court 2010da 10037) due to the amendment of the purport of the claim].

The amended causes of claims shall be as follows:

1. (Defendant) on January 29, 1997, lent KRW 30 million to C under the joint and several sureties’s joint and several sureties, and as a security, set the land D in the Gyeongbuk-gun owned by C as a maximum debt amount of KRW 5 million and registered the creation of the right to collateral.

2. After that, C filed an application for voluntary auction of real estate (this Court E) and received dividends of KRW 35,237,000 out of the remaining principal and interest on March 3, 201, for the payment of KRW 35,237,00,00, not paying KRW 29,663,878, the principal and interest of KRW 59,663,013 (i.e., principal and interest of KRW 30,00,000) (i.e., principal and interest of KRW 30,000) (i., payment of KRW 29,663,00)) (i.e., payment of KRW 35,237,00 among the remainder of principal and interest). (ii) The court rendered a judgment ordering the Plaintiff and C to serve a written complaint on May 14, 2010 (hereinafter “the final judgment of this case”).

As to the final judgment of this case, service by public notice on May 19, 2010, and the same year

6.4. Finality was established.

B. The Plaintiff’s bankruptcy and exemption (1) filed an application for bankruptcy and exemption on June 7, 2012.

(2) On January 14, 2013, the Plaintiff was declared bankrupt and exempted from liability, and the decision became final and conclusive around that time.

(2) The Plaintiff did not enter the instant claim in the list of creditors.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, significant facts in this court, the purport of the whole pleadings

2. Determination:

A. According to the facts established in the judgment on the grounds of the claim, the claim in this case was caused before the plaintiff is declared bankrupt, and thus, becomes a bankruptcy claim.

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