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(영문) 서울남부지방법원 2018.05.04 2017가단28904
청구이의
Text

1. The Defendant’s decision on performance recommendation for the claim for reimbursement against the Plaintiff by Seoul Southern District Court 2017 Ghana616206.

Reasons

1. Basic facts

A. On July 27, 2017, the Defendant filed a lawsuit against the Plaintiff for reimbursement amounting to Seoul Southern District Court 2017 Ghana616206, the said court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) with the Defendant to pay to the Defendant 2,109,780 won and the amount equivalent to 20% per annum from October 6, 2011 to the date of full payment (hereinafter “decision on performance recommendation of this case”). The said decision on performance recommendation became final and conclusive on October 31, 2017 because the parties did not raise any objection.

B. The instant decision on the performance recommendation was made by the Defendant’s claim against the Plaintiff and B for KRW 2,109,780, and the lawsuit was brought by public notice, and was finalized on September 12, 2007, Daejeon District Court Decision 2007Gau7227, the ASEAN District Court Decision 2007Gau727, the claim for the extension of extinctive prescription against the remaining money, which was obtained by deducting the amount partially repaid on May 23, 2013, from the claims based on the judgment on the claim for reimbursement

C. The Plaintiff was granted immunity on June 21, 2012 and the decision became final and conclusive around that time in Daejeon District Court Decision 2010Da3640, 201Hadan3642 Decided bankruptcy. The Defendant was not written in the list of creditors submitted by the Plaintiff at the time.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. In other words, a property claim arising prior to the declaration of bankruptcy against a debtor regarding the determination of the cause of a claim, which is, a bankruptcy claim, even if a decision to grant immunity on the bankrupt becomes final and conclusive, that is, a bankruptcy claim is not entered in the list of creditors at the time of application for immunity, barring the case falling under the proviso thereof pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the liability is extinguished unless it falls under the proviso thereof, and the right

According to the above facts, the Daejeon District Court's 2007 Asan City Court's 2027 claim for the reimbursement amount, which was the cause of the instant payment order.

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