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(영문) 창원지방법원마산지원함안군법원 2017.10.25 2017가단26
청구이의
Text

1. The defendant's judgment of the Changwon District Court of the Republic of Korea was rendered on May 6, 2009 and the defendant's judgment was rendered on May 6, 2009.

Reasons

1. Under the underlying facts, the Plaintiff filed an application for bankruptcy and exemption with the Daegu District Court for adjudication of bankruptcy (hereinafter “decision of bankruptcy”) on January 19, 2009 and received a decision of exemption on April 17, 2009.

And the decision of exemption was confirmed on May 2, 2009.

(2) On April 30, 2009, the Defendant filed a lawsuit against the Plaintiff and the Masan District Court of the Republic of Korea (hereinafter referred to as the “instant court”) against the Defendant on April 30, 2009 on the basis of the fuel payment claim that occurred prior to the instant bankruptcy decision.

On May 6, 2009, this Court made a decision of performance recommendation to recommend the Plaintiff and the Sungsung Logistics Co., Ltd to perform the above oil payment obligation between the Defendant, the Plaintiff, and the Sungsung Logistics Co., Ltd.

And the decision of performance recommendation was made on July 31, 2009 between the defendant and the plaintiff.

(hereinafter referred to as the “instant performance recommendation decision,” and the Defendant’s claim for oil price against the Plaintiff based on the said decision (hereinafter referred to as the “instant claim”). [The grounds for recognition] the entries in the evidence Nos. 1, 2, 3, 4, 7, and 8, and the purport of the entire pleadings

2. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “The exempted debtor shall be exempted from the responsibility for all of his/her obligations to the bankruptcy creditors, except for the distribution under the bankruptcy procedure.”

However, according to the above facts, the defendant's claim of this case is "Bankruptcy Claim" against the plaintiff that occurred before the bankruptcy decision of this case is made, and the plaintiff, the debtor, was exempted from the liability for the claim of this case.

Therefore, barring any special circumstance, compulsory execution based on the defendant's decision of performance recommendation of this case against the plaintiff is enforced.

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