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(영문) 춘천지방법원원주지원 2020.12.22 2020가단2167
청구이의
Text

1. The defendant's original state branch of the Chuncheon District Court against the plaintiff 2020 Ghana62109, July 10, 2020.

Reasons

1. Facts of recognition;

A. 1) The Defendant is D Co., Ltd. (hereinafter “D”).

(2) On July 10, 202, the above court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) with the provision on performance that “the Defendant (the Plaintiff of this case) shall pay to the Plaintiff KRW 3,00,000 per annum from February 18, 2005 to the delivery date of the complaint, and 12% per annum from the next day to the day of full payment” (hereinafter “decision on performance recommendation of this case”). The above decision was finalized on July 30, 2020.

B. The Plaintiff’s bankruptcy and exemption 1) On October 31, 2006, the Plaintiff goes bankrupt and exemption 2006Hadan34894, 2006 Ma36404, Seoul Central District Court (hereinafter “instant bankruptcy and exemption 1”) (hereinafter “instant bankruptcy and exemption”).

(2) On May 3, 2007, the above court rendered a decision of adjudication of bankruptcy on February 23, 2007. (2) The above court rendered a decision of immunity by deeming that it is not recognized as a ground 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 May 18, 2007.

3) In the bankruptcy and exemption procedure of this case, the list of creditors submitted by the Plaintiff was not indicated D. [The fact that there is no dispute over the grounds for recognition, each entry of Gap evidence Nos. 1 through 4, the substantial fact in this court, and the purport of the whole pleadings

2. Determination

A. Article 423 of the Debtor Rehabilitation Act provides, “The debtor shall be entitled to a claim on property arising from any cause arising before the declaration of bankruptcy is declared bankrupt.” The main text of Article 566 of the same Act provides, “The debtor so exempted shall be exempt from all obligations to the bankruptcy creditors, except for dividends arising from the bankruptcy procedures.”

B. D's claims against the plaintiff are claims on property arising before the declaration of bankruptcy.

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