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(영문) 울산지방법원 2015.05.13 2014나6626
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. (1) On September 26, 2000, the Busan District Court Decision 2000Gadan177071, which the Plaintiff filed against the Defendant, ordered the Defendant to pay the amount as stated in the Plaintiff’s claim. The above judgment became final and conclusive on October 31, 200.

(2) On November 30, 2009, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of a claim based on the said final judgment.

[Ground of recognition] A without dispute, entry of Gap evidence 1, obvious facts in records, purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the money that the defendant ordered payment in the above final judgment, unless there are special circumstances.

2. The allegations by the parties and the determination thereof

A. The defendant asserts that since the defendant was declared bankrupt after the above final judgment and the immunity was granted, the defendant also exempted from the obligation based on the above final judgment.

The plaintiff asserts that a claim based on the above final judgment constitutes non-exempt claims under Article 566 (4) of the Debtor Rehabilitation and Bankruptcy Act.

B. According to each of the evidence Nos. 1, 2, and 2, the defendant was declared bankrupt by the Ulsan District Court 2006Hadan659, and the decision of immunity was made on November 12, 2007 by the same court 2006Ma706, and the above decision of immunity became final and conclusive on the 27th of the same month.

Furthermore, comprehensively taking account of the overall purport of the pleadings as to whether the Plaintiff’s claim based on the above final judgment against the Defendant is non-exemptable claim, the Defendant’s error steering devices are rapidly right-hand in order to leave the above bus to the left-hand side of the running direction of the bus at a speed of 97 km speed above the speed of 30 km per hour, when driving a tourist bus on November 30, 1996, and driving a road to a bend-downed by a rain jun-gun, Sin-gun, Sin-gun, Sin-gun, Sin-gun.

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