logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.04.23 2018가단16710
청구이의
Text

1. The Defendant’s Seoul Northern District Court 2012 Ghana46146 has executory power over the case of unjust enrichment against the Plaintiff.

Reasons

1. Basic facts

A. On June 2012, the Defendant filed a lawsuit against the Plaintiff (Seoul Northern District Court 2012Gau46146) seeking “the payment of unjust enrichment 4,830,000 won and damages for delay.” The Defendant’s claim was finalized on October 5, 2012 by a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”).

B. On September 14, 2016, the Plaintiff filed an application for individual bankruptcy and immunity with the Seoul Central District Court Decision 2016Hadan4254 and 2016Ma4254, and on April 14, 2017, the Plaintiff was granted immunity from the above court, and the exemption from immunity became final and conclusive on April 29, 2017.

[Grounds for recognition] Evidence Nos. 1 through 4, the purport of the whole pleadings

2. Where a decision on immunity becomes final and conclusive under the Debtor Rehabilitation and Bankruptcy Act, and the obligor is exempted from the obligation to repay the obligation, the obligor may exclude the executory power of executive titles with respect to the obligation exempted through a lawsuit demanding objection;

As such, compulsory execution based on the decision of execution recommendation of this case against the plaintiff of this case should be excluded from the enforcement force.

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

arrow