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(영문) 전주지방법원 2018.11.28 2018가단20097
청구이의
Text

1. The Defendant’s payment order issued on March 17, 2017 against the Plaintiff at the Jeonju District Court 2017 tea 2448 Claims.

Reasons

1. Facts of recognition;

A. On March 17, 2017, the Defendant filed an application against the Plaintiff for a payment order seeking reimbursement of reimbursement with the Jeonju District Court 2017 tea2448, and on March 17, 2017, the said court issued a payment order (hereinafter “instant payment order”) with the Defendant to pay 14,684,189 won and 14,480,874 won per annum from January 26, 2017 to May 9, 2017, and 12% per annum from the next day to the date of full payment (hereinafter “instant payment order”). The instant payment order was finalized on May 23, 2017 after the delivery to the Plaintiff by public notice was made.

(hereinafter referred to as “the instant amount of indemnity”). (b)

On June 13, 2017, the Plaintiff (hereinafter “instant application for immunity”) filed with the Jeonju District Court 2016Hadan10037, 2016, and was declared bankrupt on June 13, 2017, and was granted immunity (hereinafter “instant application for immunity”) from the above court on March 27, 2018, and the said immunity became final and conclusive on April 11, 2018.

C. At the time of the application for immunity from the bankruptcy of this case, the Plaintiff did not enter the obligation for indemnity in the list of creditors.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 3, and the ground for appeal

2. Assertion and determination

A. The gist of the Plaintiff’s assertion argues that, as at the time of the bankruptcy of this case, the Plaintiff failed to enter the instant claim for immunity in the creditors’ list, the instant claim for reimbursement was exempted by the immunity decision of this case, and that the Defendant did not enter the Plaintiff’s claim in the creditors’ list with knowledge of the existence of the instant claim for reimbursement, and thus, the Plaintiff’s liability against the Defendant is not exempted.

B. Determination 1 of the Debtor Rehabilitation and Bankruptcy Act Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any claim on the property that has arisen before the debtor is declared bankrupt shall constitute a bankruptcy claim" and Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that "the debtor who has been exempted shall be

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