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(영문) 서울남부지방법원 2019.09.24 2019가단4896
면책확인
Text

1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Southern District Court Decision 2003 Ghana182461 Decided March 17, 2004.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 2 through 4 (including branch numbers) as to the cause of the claim, the defendant was granted a decision against the plaintiff on March 17, 2004 that "the plaintiff shall pay to the defendant 7 million won and interest rate of 20% per annum from January 11, 2004 to the day of full payment" (hereinafter "the decision of this case"). After that time, the plaintiff was confirmed by the Seoul Central District Court 2012, 1131, 2012Ha1131, 11131, 20131 in the case of adjudication of bankruptcy, and the creditor list at the time of immunity is recognized that the defendant's claim was not recorded in the judgment of this case.

Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any claim on the property that has arisen before the declaration of bankruptcy against a debtor shall be a bankruptcy claim," and Article 566 of the same Act provides that "the debtor who has received immunity shall be exempted from all obligations to the bankruptcy creditor except dividends pursuant to the bankruptcy procedures: Provided, That no liability shall be exempted with respect to the following claims." Thus, even if the bankruptcy claim is not entered in the list of creditors of the application for immunity, the effect of immunity shall be exempted (see Supreme Court Decision 2010Da3353, May 13, 2010) unless it falls under any subparagraph of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010). The fact that the plaintiff was granted immunity after the judgment of this case becomes final and conclusive, barring any special circumstance, the claims based

Therefore, compulsory execution based on the judgment of this case should not be permitted.

2. The defendant's assertion is that the defendant's claim in this case constitutes wages and retirement allowances for workers and contacts with the plaintiff intentionally.

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