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(영문) 대구지방법원 경산시법원 2021.03.10 2020가단367
청구이의
Text

The defendant's Daegu District Court 2012, the 3402 lease deposit case against the plaintiff is finally binding.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff with the Daegu District Court seeking the return of the lease deposit. On September 7, 2012, the said court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 18,00,000 and interest calculated at the rate of 20% per annum from April 20, 2012 to the date of full payment.” The said judgment became final and conclusive on October 20 of the same year (hereinafter “the final and conclusive judgment of this case,” and the above judgment claim was referred to as “the instant claim”). Meanwhile, on the other hand, the Plaintiff filed an application for bankruptcy and exemption with the Daegu District Court at the bottom of 2012, 4063, 2012, 4063, and 2012, the bankruptcy decision of the Plaintiff became final and conclusive on July 10, 2013.

The list of creditors of the above bankruptcy immunity decision stated the claim of this case.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 4 (including various numbers), Eul evidence 2, the purport of the whole pleadings

2. According to the above facts of recognition, the claim in this case is a property claim arising from the cause before the plaintiff is declared bankrupt, and it constitutes a bankruptcy claim, and since the decision to grant immunity against the plaintiff became final and conclusive, the plaintiff is exempted from liability pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, barring any special circumstance. Therefore, compulsory execution based on the judgment in this case cannot be permitted.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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