logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.06.05 2020가단3601
청구이의
Text

1. The Defendant’s decision on recommendations for performance in Daegu District Court 2019 Ghana5110 against the Plaintiff was made.

Reasons

1. Facts of recognition;

A. On January 2010, the Defendant filed an application with the Plaintiff for payment order under this Court No. 2010 tea582 on the ground that the Plaintiff had a claim for reimbursement against the Plaintiff. On January 28, 2010, the above court rendered an order for payment (hereinafter “instant payment order”), stating that “the Plaintiff shall pay to the Defendant 15,696,850 won, and from November 27, 2008 to the date of delivery of the above payment order, 5% per annum from the next day to the date of full payment, and 20% per annum from the next day to the date of full payment (hereinafter “instant payment order”), and the above payment order was finalized on February 24, 2010.

B. The Defendant filed a lawsuit against the Plaintiff for the purpose of the extension of the statute of limitations for the above payment order. On December 3, 2019, the above court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) with the content that “the Plaintiff shall pay 5% per annum to the Defendant from November 27, 2008 to February 9, 2010, 20% per annum from the next day to the day of delivery of the complaint of this case, and 12% per annum from the next day to the day of full payment” (hereinafter “decision on performance recommendation of this case”). The decision on performance recommendation of this case was served on the Plaintiff on December 27, 2019 and became final and conclusive on January 11, 2020.

C. The Plaintiff filed bankruptcy and application for immunity with the Daegu District Court Decision 2014Gu164, 2014Hadan164, and was declared bankrupt on August 11, 2014, and was granted immunity from the said court on July 16, 2015, and the said immunity was finalized on July 31, 2015.

However, the list of creditors submitted by the Plaintiff in the bankruptcy and exemption procedure was not indicated in the claim of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the claim in this case is a property claim arising from the cause before the plaintiff is declared bankrupt, which constitutes a bankruptcy claim, and the decision to grant immunity to the plaintiff has become final and conclusive.

arrow