logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.24 2017가단76297
청구이의
Text

1. The Defendant’s claim against the Plaintiff is based on the Seoul Central District Court Decision 2012Da5450516 Decided November 15, 2012.

Reasons

1. Facts of recognition;

A. On November 15, 2012, the Defendant filed a lawsuit against the Plaintiff for the claim for the takeover of the money (Seoul Central District Court Decision 2012Da5450516), and the said court rendered a judgment against the Plaintiff on November 15, 2012, stating that “the Defendant shall pay to the Plaintiff 4,303,636 won and 3,165,867 won, calculated at the rate of 20% per annum from October 14, 2012 to the date of full payment” (hereinafter “instant judgment”), and the said judgment was served on the Plaintiff by public notice, and became final and conclusive at that time.

B. The Plaintiff filed an application for bankruptcy and discharge as Seoul Central District Court Decision 2013Hadan3995, 2013Ma3995, and the said court rendered a decision to grant immunity to the Plaintiff on December 10, 2013, and the said decision became final and conclusive on December 25, 2013.

However, the plaintiff did not enter the defendant in the list of creditors submitted at the time of bankruptcy and exemption.

C. On December 4, 2013, based on the instant judgment, the Defendant received a claim attachment and collection order as Seoul Northern District Court 2013TTTB206 regarding the Plaintiff’s deposit claims against the Industrial Bank of Korea and the new bank.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination

A. The debtor's property right arising from the cause before the bankruptcy is declared against the debtor, that is, the bankruptcy claim shall be exempted from the effect of immunity in accordance with Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the proviso of Article 566 of the same Act, even if the decision to grant immunity on the bankrupt becomes final and conclusive and conclusive and is not entered

According to the facts acknowledged above, the defendant's claim against the plaintiff in the judgment of this case is a claim on property arising from a cause that occurred before the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity decision against the plaintiff is finalized, thereby losing its executive force, barring any special circumstances.

arrow