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(영문) 서울중앙지방법원 2018.01.10 2017가단72882
면책확인
Text

1. The defendant's decision is based on the Seoul Central District Court Decision 2006Gaso205768 Decided October 20, 2006 against the plaintiff.

Reasons

1. Facts of recognition;

A. The judgment of this case filed a lawsuit against the plaintiff (Seoul Central District Court 2006Gaso205768) against the plaintiff.

In the above case where service by publication was conducted against the plaintiff, the defendant was sentenced to the judgment of October 20, 2006 that "the plaintiff shall pay to the defendant 6,81,275 won and 2,876,750 won with 20% interest per annum from March 7, 2006 to the day of full payment."

The above judgment became final and conclusive as it is.

(hereinafter “instant judgment”). (b)

On February 3, 2010, based on the instant judgment, the Defendant received a decision to seize and collect claims against the Plaintiff on February 3, 2010 (Seoul District Court Decision 2010TTY 2010TY 625), and ② a decision to seize and collect claims on July 16, 2010 (the Daejeon District Court Decision 2010TY 4410). The above decision was served on the Plaintiff by public notice. 2) On May 17, 2012, the Defendant filed an application for registration of the defaulters list (the Daejeon District Court Decision 2012Ka1499) against the Plaintiff on the basis of the instant judgment, and the written examination of the Plaintiff was served on the Plaintiff’s child on May 30, 2012.

The defendant received the ruling of acceptance on June 11, 2012, and the ruling of acceptance was served on the plaintiff's child on June 18, 2012.

C. On November 30, 2015, the Plaintiff filed an application for immunity (Seoul District Court Decision 2014Haak2713, 2014Haak2716, 2716). The decision to grant immunity became final and conclusive on December 15, 2015.

The Defendant’s claim based on the instant judgment was not indicated in the creditors list submitted by the Plaintiff.

[Reasons for Recognition] 1 to 4, Eul 1 to 6, each entry of Gap 1 to 6 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. The debtor's property claim arising from the cause before the debtor is declared bankrupt, that is, the bankruptcy claim becomes final and conclusive, and the debtor's rehabilitation is not recorded in the list of creditors at the time of application for immunity.

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