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(영문) 춘천지방법원원주지원 2020.12.22 2020가단57334
청구이의
Text

1. The defendant's decision of performance recommendation is based on the decision of 2004 Ghana3776 dated July 8, 2004 of the original Chuncheon District Court's original support against the plaintiff.

Reasons

1. Facts of recognition;

A. 1) Non-party D Co., Ltd. (hereinafter “D”).

(2) On July 8, 2004, the above court filed a lawsuit against the plaintiff seeking the payment of the loan under the Chuncheon District Court's 2004Gau3776. (2) On July 8, 2004, "the defendant (the plaintiff of this case) jointly and severally with the plaintiff E to D for KRW 15,508,439 out of the total amount of KRW 19,054,916 and the above amount of KRW 15,508,439 per annum from June 20, 204 to the full payment date." The decision of performance recommendation (hereinafter "the decision of execution recommendation of this case") was finalized on September 5, 2004.

B. The Plaintiff’s bankruptcy and exemption 1) On November 9, 2011, the Plaintiff becomes bankrupt and exemption from liability under the Seoul Central District Court Order 2011Hadan11918, 201Hah 1191, 1191.18 (hereinafter “instant bankruptcy and exemption”).

(2) On March 9, 2012, the above court rendered a ruling of bankruptcy on January 2, 2012. (2) The above court rendered a ruling of immunity by deeming that it does not constitute grounds for non-permission of immunity under Article 564(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”). The decision of immunity became final and conclusive on March 27, 2012.

3) D was integrated into the Defendant, and the list of creditors submitted by the Plaintiff during the bankruptcy and exemption procedure of the instant case did not indicate the Defendant’s claims against the Plaintiff in accordance with the instant performance recommendation decision. Meanwhile, on August 7, 2020, based on the instant performance recommendation decision, the Defendant received a seizure and collection order (Sacheon District Court 2020 Tcheon Branch Branch 13769) as to the Plaintiff’s claims against F, and the Plaintiff, which became aware of such order, filed a lawsuit for objection to the instant claim. [In the absence of any dispute over recognition, each entry of Gap’s 1 through 3, the substantial fact in this court, the purport of the entire pleadings, and the purport of the entire pleadings.

2. Determination

A. Article 423 of the Debtor Rehabilitation Act provides, “A claim on the property against the debtor arising from any cause arising before the debtor is declared bankrupt shall be deemed a bankruptcy claim.

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