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(영문) 의정부지방법원 2015.08.25 2015가단17456
부당이득금
Text

1. The Defendant’s KRW 25,536,350 for the Plaintiff and KRW 5% per annum from September 3, 2014 to May 26, 2015.

Reasons

1. Basic facts

A. Do resident mutual savings bank (hereinafter “Do resident savings bank”) changed its trade name into Do resident savings bank on September 29, 2010, and Do resident savings bank (hereinafter “Do resident savings bank”) filed a lawsuit against the Plaintiff and B on the claim for loans against the Plaintiff and B.

On May 26, 2009, the above court rendered a non-statement on May 26, 2009 that "the plaintiff and B shall jointly and severally pay 98,403,953 won to Do Civil Savings Bank and 50,816,263 won with interest rate of 19% per annum from February 13, 2009 to the date of full payment (hereinafter "the judgment of this case"). The above judgment became final and conclusive around that time.

B. On March 27, 2012, the Do Private Savings Bank was declared bankrupt by the Chuncheon District Court, and the Defendant was appointed as a trustee in bankruptcy on the same day.

C. On July 17, 2012, the Changwon District Court 2012Hadan1461, 2012Ma1461, the Plaintiff filed an application for immunity for bankruptcy and immunity with respect to the Plaintiff’s obligations to the Do resident savings bank, etc. by entering the Plaintiff’s list in the creditor list. On December 10, 2013, the said court declared bankruptcy against the Plaintiff, and rendered a decision of immunity with respect to the Plaintiff on January 29, 2014.

The decision to grant immunity became final and conclusive around that time.

Based on the instant judgment, on August 25, 2014, the Defendant received a seizure and collection order regarding the Plaintiff’s deposit claims against the Central Agricultural Cooperative on the basis of the District Court Decision 2014TTTT16720, and collected KRW 25,536,350 from the Central Agricultural Cooperative on September 2, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 10 (including each number), the purport of the whole pleadings

2. Determination

A. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), a debtor who has been exempted from liability is exempted from all liability to the bankruptcy creditors. The creditor is prohibited from compulsory execution even if he/she holds an executive title to the exempted claim, and is subject to compulsory execution.

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