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(영문) 서울중앙지방법원 2016.07.04 2015가단192591
청구이의
Text

1. The defendant's acquisition of money by Seoul Central District Court 2006Kadan212158 against the plaintiff is based on the final judgment of the defendant.

Reasons

1. The judgment of the Korea Asset Management Corporation as to the cause of the claim was rendered in favor of the plaintiff on September 20, 2006 (hereinafter referred to as the "final judgment of this case") to the effect that "65,876,711 won and damages for delay for the amount of KRW 30,000,000 among them" as a result of filing a lawsuit against the plaintiff with the Seoul Central District Court 2006Da212158 and going through the service by public notice. The judgment became final and conclusive around that time.

After that, the Defendant acquired the claim from the Korea Asset Management Corporation in accordance with the final judgment of this case, and issued the succeeding execution clause on September 3, 2013 and served the Plaintiff several times. On May 9, 2014, upon the delivery of the succeeding execution clause to the Plaintiff, the Defendant applied for the seizure and collection order accordingly.

On the other hand, on June 18, 2009, the Plaintiff is the Seoul Central District Court No. 2009Hadan16485, 2009, 16485, 16485, and 2009, the Plaintiff is the Plaintiff’s bankruptcy and application for immunity.

(2) On September 1, 2009, the Plaintiff was declared bankrupt on September 9, 2009, and was also granted immunity on December 9, 2009. However, at the time of the instant bankruptcy and application for immunity, the Plaintiff did not enter the claims in the claim list pursuant to the instant final judgment at the time of the instant application for immunity [the grounds for recognition: (a) the fact that there is no dispute; (b) the purport of the entire pleadings]. Therefore, the Defendant’s claim against the Plaintiff based on the instant final judgment was a bankruptcy claim arising before the Plaintiff was declared bankrupt; (c) the Defendant’s claim against the Plaintiff was discharged by the bankruptcy and immunity; and (d) compulsory execution against the Defendant’s claim becomes void upon the final and conclusive judgment (see Article 57(2) of the Debtor Rehabilitation and Bankruptcy Act; and (d) compulsory execution against

2. The defendant's assertion is judged as to the plaintiff's husband and the plaintiff's joint and several sureties who were the plaintiff's husband and the plaintiff's joint and several sureties's bankruptcy and immunity.

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