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(영문) 광주지방법원목포지원 2016.06.16 2016가단3926
청구이의
Text

1. The defendant's decision on the plaintiff is based on the Gwangju District Court Decision 2004Gapo5014 decided December 21, 2004.

Reasons

1. Indication of claim;

A. The defendant filed a lawsuit against the plaintiff as the court 2004Gada5014, and this court rendered a judgment on December 21, 2004 that "the defendant shall pay to the plaintiff 4,132,392 won and 2,670,000 won with 29% interest per annum from November 9, 2004 to the date of complete payment" and the above judgment became final and conclusive on January 22, 2005.

B. On June 4, 2009, the Plaintiff was declared bankrupt by filing a petition for bankruptcy with the Gwangju District Court No. 2008Hadan2244 and filed for exemption from liability with the Gwangju District Court No. 2008Kadan2246 and was sentenced to exemption from liability. The decision of exemption from liability became final and conclusive on June 20, 2009.

(c) a.

A claim for the judgment of claim is a bankruptcy claim created prior to the declaration of bankruptcy and the decision to grant the exemption becomes final and conclusive, and thus the right to file a lawsuit and the executory power of claim and became a natural obligation under Article 566 of the Debtor Rehabilitation and Bankruptcy Act.

Therefore, compulsory execution based on the above judgment against the plaintiff cannot be permitted.

2. Article 208 (3) 1 of the Civil Procedure Act:

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