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(영문) 서울중앙지방법원 2020.09.22 2019가단55607
청구이의의 소
Text

The defendant's decision against the plaintiff is based on the Seoul Central District Court Decision 2011Gada1693413 decided November 25, 201.

Reasons

1. Facts of recognition;

A. On January 23, 2001, the Plaintiff entered into a credit card membership agreement with C Co., Ltd. (hereinafter “C”). On November 25, 201, the Defendant received from C the above credit card membership agreement from the Plaintiff, and thereafter, on November 25, 201, the Defendant (the Plaintiff of this case) was sentenced to the Seoul Central District Court Decision 201Da1693413 (hereinafter “instant judgment”) with respect to KRW 10,513,343 and the amount of KRW 2,91,302 from March 21, 201 to November 24, 201, and the amount of money calculated at a rate of 18% per annum from the next day to the date of full payment, which became final and conclusive by means of service by public notice.

B. On July 7, 2017, the Plaintiff: (a) was declared bankrupt on April 2, 2018 by the Daegu District Court 2017Hadan2259 and 2017Ma259 and filed a request for immunity; and (b) was granted a decision to grant immunity on May 15, 2018 (hereinafter “instant decision to grant immunity”); and (c) the instant decision to grant immunity became final and conclusive on May 30, 2018.

C. The list of creditors submitted by the Plaintiff in the above bankruptcy and exemption procedure was not indicated in the Defendant’s claim based on the instant judgment.

On May 23, 2012, the Defendant received the order of seizure and collection (hereinafter “order of seizure and collection”) from the Daegu District Court Branch Branching the Daegu District Court Branching KRW 10,513,343, interest rate of KRW 65,791, the Defendant issued the order of seizure and collection of the claim (hereinafter “instant claim seizure and collection”). On August 29, 2018, the Defendant again received the order of seizure and collection from the third obligor D Co., Ltd., and the claim amounting to KRW 10,513,343, interest rate of KRW 40,061, the Daegu District Court issued the order of seizure and collection (hereinafter “Seoul District Court Decision 2018TTTTTT”) with the principal amount of the claim amounting to KRW 10,513,343, interest rate of KRW

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, 2-1, 2, and 3-1, 2, and 3-2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the defendant's claim based on the judgment of this case is prior to the declaration of bankruptcy.

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