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(영문) 서울서부지방법원 2020.08.21 2020가단3676
청구이의
Text

1. The defendant's decision against the plaintiff is based on the Seoul Western District Court Decision 2016Gaso537152.

Reasons

1. Facts of recognition;

A. D Co., Ltd filed a lawsuit claiming advertising price against the Plaintiff at this court 2006 Ghana48530 and 2010 Ghana90 against the Plaintiff.

Each of the above lawsuits is proceeding by service of the plaintiff, and all of the above lawsuits were judged in favor of the above company and finalized as it is.

B. D Co., Ltd. is the defendant.

Each claim in subsection was transferred.

The Defendant filed a lawsuit claiming acquisition of money in this court 2016Gapo5152, and the said lawsuit was also initiated by public notice by the Plaintiff, and on November 11, 2016, the judgment was rendered that “the Plaintiff shall pay to the Defendant 11,959,09 won and 1,600,000 won among them, 20% per annum from June 8, 2006, 10,359,09 won, calculated at the rate of 20% per annum from January 9, 2011 to the day of full payment.”

C. The Plaintiff was granted immunity on November 8, 2018 by filing bankruptcy and application for immunity with the Changwon District Court (2018Hadan1204 and 2018Ma1198). The Defendant’s final and conclusive judgment claim based on the relevant lawsuit in the list of creditors (hereinafter “instant claim”) was not stated in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 7, the purport of the whole pleadings

2. Determination

A. Any property claim arising prior to the declaration of bankruptcy against the debtor as to the judgment on the cause of the claim, that is, the bankruptcy claim shall be exempt from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the immunity decision on the bankrupt becomes final and conclusive, and is not entered in the list of creditors.

According to the above facts of recognition, the claim in this case is a property claim arising from a cause arising before the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity decision against the plaintiff has been finalized and thus has lost its executive force, barring any special circumstance, against the plaintiff who succeeded to by the defendant.

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