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(영문) 제주지방법원 2016.07.26 2016가단1198
청구이의
Text

1. The defendant's Jeju District Court Decision 2006Gaso63085 against the plaintiff is based on the decision in the case of claim for the purchase of goods.

Reasons

1. Basic facts

A. The Jeju District Court rendered a judgment on December 12, 2006 that "the plaintiff shall pay to the defendant 17,143,000 won with 5% per annum from June 5, 2004 to November 21, 2006, and 20% per annum from the next day to the day of full payment" (hereinafter "the judgment of this case"), and the above judgment became final and conclusive on January 18, 2007.

B. The Jeju District Court rendered a decision to grant immunity to the Plaintiff on October 15, 2009 from the case for which the Plaintiff filed an application for bankruptcy and exemption (2007Haak 677, 2007. 677). The said decision was finalized on October 30, 2009. The Defendant’s above commodity payment claim (hereinafter “instant claim”) was not stated in the list of creditors submitted by the Plaintiff during the process of granting immunity.

C. The Jeju District Court, based on the executory exemplification of the instant judgment, issued a seizure and collection order on January 22, 2016 from the case where the Defendant requested a seizure and collection order (2016TTT 367) regarding the Plaintiff’s claim against Han Bank and Jeju Bank.

【Facts without dispute over the grounds for recognition, entries in Gap evidence 1 through 6, and purport of the whole pleadings

2. The obligor, upon receiving the exemption from the determination on the cause of the claim, is exempt from the responsibility for all obligations to the bankruptcy creditors except dividends under the bankruptcy procedure, unless the obligor does not fall under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act with respect to the claim for property arising from the cause that occurred before the declaration of bankruptcy. The Defendant’s claim in this case constitutes a bankruptcy claim that occurred before the declaration of bankruptcy against the Plaintiff, and the exemption from the discharge against the Plaintiff was finalized on October 30, 2009, as seen earlier, and thus, the Defendant’s Plaintiff.

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