(영문) 서울남부지방법원 2020.04.01 2019가단24029

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(영문) 서울남부지방법원 2020.04.01 2019가단24029

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 11, 2019, the Plaintiff filed a bankruptcy and application for immunity with the Chuncheon District Court Decision 2019Hadan56, 2019Ma566, decided on April 11, 2019. Upon receipt of a decision to grant immunity from the above court on November 26, 2019, the said decision to grant immunity became final and conclusive around that time.

B. The Plaintiff did not enter the Defendant’s payment order bond (Seoul Southern District Court Decision 2018 tea112229) as seen below in the creditors’ list at the time of the application for bankruptcy and exemption.

C. On February 27, 2018, the Defendant filed an application for a payment order with the Seoul Southern District Court Decision 2018Da112229, Feb. 28, 2018, the Defendant issued a payment order with the purport that “the Defendant shall pay the Plaintiff the amount of KRW 13,644,191 and the amount of KRW 6,00,000 per annum from May 24, 2008 to the date of full payment” with the purport that “the Defendant shall pay the Plaintiff the amount of KRW 20% per annum from May 24, 2008 to the date of full payment.” The said order was served on the Plaintiff on March 6, 2018, and the said payment order became final and conclusive without objection.

On April 18, 2018, the Defendant filed an application for the seizure and collection order on the Plaintiff’s deposit claim, etc., with the title of execution of the said payment order, to the Chuncheon District Court’s early branch court 2018TTTTT 5368, and issued a seizure and collection order on April 19, 2018, and the said order was also served on the Plaintiff on May 8, 2018.

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

2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that “A debtor shall be entitled to any property claim arising from a cause that occurred before the declaration of bankruptcy is declared bankrupt shall constitute a bankruptcy claim.” Article 566 of the same Act provides that “The debtor so exempted shall be exempted from all of his/her obligations to the bankruptcy creditors except for dividends arising from the bankruptcy procedures: Provided, That the following claims shall not be exempted from liability,” and the bankruptcy claim shall not be entered in the list of creditors of the application for immunity:

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-채무자 회생 및 파산에 관한 법률 제423조

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