logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원구미시법원 2017.07.13 2017가단18
청구이의
Text

1. The defendant's Daegu District Court Decision 2006Gau24029 decision against the defendant's plaintiff was rendered.

Reasons

1. Basic facts

A. Busan 2 Mutual Savings Bank filed a lawsuit against the Plaintiff on October 26, 2006 against the Plaintiff as the court 2006Gab24029, and the lawsuit documents in the above case were not served on the Plaintiff and were carried out by service by public notice. On January 11, 2007, the judgment was rendered on the same purport as the claim was made by the said stock company, and became final and conclusive on February 25, 2007.

B. After the above judgment became final and conclusive, the Defendant acquired the claim against the Plaintiff from the said stock company.

C. The Plaintiff was granted immunity on December 18, 2015 by filing bankruptcy and application for immunity with the Daegu District Court 2015Hau2304, 2015Hau2304, and filed a petition for immunity, and the said decision became final and conclusive on January 5, 2016.

The list of creditors of the above bankruptcy or exemption case did not include the above corporation or the defendant's claims against the plaintiff.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 7 and the purport of the whole pleadings

2. Although the Plaintiff did not enter the claim of the said stock company or the Defendant in the creditor list, in light of the fact that the lawsuit against the said Plaintiff was initiated by service by public notice, the Plaintiff appears to have prepared the creditor list without knowing the existence of the claim against the said stock company or the Defendant.

The defendant did not submit any evidence as to whether the plaintiff knew of such fact.

Therefore, the defendant's claim in this case does not constitute non-exempt claim under Article 566 (7) of the Debtor Rehabilitation and Bankruptcy Act, and the plaintiff was exempted from its liability.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

arrow