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(영문) 서울중앙지방법원 2018.05.31 2017가단109715
청구이의의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant: (a) against the Plaintiff, the Plaintiff entered into a loan transaction agreement with D Co., Ltd. (hereinafter “D”); (b) lost the benefit arising from the Plaintiff’s lending of KRW 10,00,000 on June 1, 201 by setting the damages rate of KRW 19% per annum; and (c) D transferred the Plaintiff’s loan claim to the Defendant on December 17, 2014, and notified the Defendant of the transfer of the assignment of the claim; (d) on May 11, 2015, the Defendant applied for an order to pay the Plaintiff’s debt of KRW 9,00,000, interest amount of KRW 1,691,878 and the amount of KRW 9,00,000 calculated by 19% per annum from May 12, 2015 to the date of full payment.

On May 27, 2015, the court decided the payment order upon the plaintiff's request, and this payment order was finalized on July 21, 2015.

(hereinafter referred to as “instant payment order” and “the instant payment order” under the instant payment order. B.

On October 19, 2017, the plaintiff filed a petition for bankruptcy and exemption with the Seoul Rehabilitation Court. On October 19, 2017, the court decided to grant immunity (Seoul Rehabilitation Court 2017, 1954), and the decision to grant immunity became final and conclusive on November 4, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 3-1, and 2

2. In other words, a claim on property arising from a cause before the bankruptcy is declared against the debtor, namely, a bankruptcy claim, even if the decision of discharge against the bankrupt becomes final and conclusive and conclusive, unless it falls under the proviso thereof pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the liability is extinguished unless it falls under the case of the proviso thereof, and the right to file a lawsuit and executive force of ordinary claims are lost due to natural liabilities.

According to the facts acknowledged earlier, the instant payment order claim constitutes a bankruptcy claim with a property claim arising before bankruptcy is declared.

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