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(영문) 서울남부지방법원 2019.01.17 2018가단14834
청구이의
Text

1. The defendant's decision of Seoul Southern District Court 2007Gaso303600 against the plaintiff is based on the decision of the case.

Reasons

1. On June 10, 2008, the Defendant was sentenced to the judgment of June 10, 2008 that “the Plaintiff shall pay to the Defendant the amount of KRW 8 million and the amount calculated at the rate of KRW 20% per annum from June 1, 2008 to the date of full payment” (the judgment by service by public notice) against the Plaintiff, and the above judgment became final and conclusive around that time.

② On February 14, 2013, the Plaintiff was granted immunity in Seoul Central District Court 2010,6076, 2010Hadan6076, and the said decision became final and conclusive.

However, at the time of the application for bankruptcy, the plaintiff omitted the defendant's claim against the judgment in the list of creditors.

(3) According to Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act, the exemption of all obligations shall be effective unless the obligations not entered in bad faith are claims. The plaintiff's judgment against the defendant shall have the effect of exemption.

④ Since the Plaintiff’s obligation based on the judgment stated in the purport of the claim against the Defendant is not effective, compulsory execution based on the above judgment shall not be permitted.

2. Confession of applicable provisions of Acts (Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act);

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