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(영문) 서울중앙지방법원 2018.06.21 2018가단5070
청구이의의 소
Text

1. The defendant's decision on the construction cost case of Seoul Central District Court 2007 Ghana141 against the plaintiff is based on the decision of the Seoul Central District Court.

Reasons

1. Facts of recognition;

A. The defendant filed a lawsuit against the plaintiff for the payment of construction cost as Seoul Central District Court 2007Gada14141, and the above court affirmed the judgment on September 18, 2007 that "the plaintiff shall pay to the defendant 12,230,000 won and interest calculated at the rate of 5% per annum from June 1, 2005 to September 12, 2007, and 20% per annum from the next day to the day of full payment," and the above judgment was served to the plaintiff by service, and became final and conclusive around that time.

(hereinafter referred to as the “instant judgment”). B.

On November 13, 2007, the Plaintiff filed an application for bankruptcy and immunity with Suwon District Court Decision 2007Hadan14271, 2007Ma14309, and the above court declared bankrupt on April 23, 2008 and rendered a decision to grant immunity to the Plaintiff on June 26, 2008. The above decision to grant immunity became final and conclusive on July 11, 2008.

However, the plaintiff did not enter the defendant in the list of creditors submitted at the time of bankruptcy and exemption.

C. On November 17, 2017, based on the instant judgment, the Defendant received the claim attachment and collection order as to the Plaintiff’s claim against Nonparty C by Suwon District Court 2017TT 115547, and the said claim attachment and collection order was served on the Plaintiff around that time.

[Reasons for Recognition] A.1 to 6 Facts without dispute, each entry in Gap's evidence (including a tentative number), the purport of the whole pleadings

2. Determination

A. A. A claim on property arising from a cause before the bankruptcy is declared against the debtor, that is, a bankruptcy claim shall be exempted from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the proviso of Article 566 of the same Act, even if the immunity decision on the cause of the plaintiff's claim becomes final and conclusive, and is not entered in the list of creditors.

According to the facts acknowledged above, the defendant's plaintiff in the judgment of this case is against the plaintiff.

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