(영문) 서울중앙지방법원 2021.03.25 2020가단5140452

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(영문) 서울중앙지방법원 2021.03.25 2020가단5140452

청구이의

Text

The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant filed an application with the Plaintiff for the payment order under this Court Order No. 2008 tea 71928, but the original copy of the payment order was not served on the Plaintiff (the Plaintiff’s claim for the payment order No. 1526770 of this Court), and the court served the Plaintiff with documents of lawsuit, such as a complaint, by means of public notice delivery, and served on September 25, 2009, “the Plaintiff (the Plaintiff of this case)” on September 25, 2009, sentenced the Plaintiff (the Plaintiff of this case) (the Plaintiff of this case) to the effect that “the payment of the amount calculated at the rate of 29.9% per annum from September 6, 2008 to the date of complete payment” (hereinafter “the judgment of this case”). The original copy of the judgment of this case was served on the Plaintiff on October 16, 2009 by means of public notice, and was delivered on September 30, 2009.

B. On April 1, 2011, the Plaintiff filed an application for bankruptcy and exemption with this court (the lower court’s 3557 and 2011 at the bottom of 2011, 3557; hereinafter “instant application for bankruptcy and exemption”); and this court rendered a decision to grant immunity to the Plaintiff on March 16, 201 (hereinafter “instant decision to grant immunity”).

In the bankruptcy and exemption procedure of this case, the plaintiff did not enter the defendant's above claim against the plaintiff (hereinafter "the claim of this case") in the creditor list.

[Grounds for recognition] The purport of Gap's evidence Nos. 1 to 9 and the whole theory

2. The assertion and judgment

A. The Plaintiff’s assertion was delegated to a certified judicial scrivener and applied for bankruptcy and exemption, and the certified judicial scrivener omitted the instant claim from the list of creditors.

In light of the fact that the principal of the instant claim is excessive in KRW 6,362,533, and the details of the omitted claim and the relation with the obligor, the relationship between the obligee and the obligor, the circumstance of omission, and the fact that even if the instant claim is entered in the list of creditors, it would have not been different whether to grant permission for the instant bankruptcy and exemption application, the instant claim in bad faith shall be claimed by the Plaintiff.

유사 판례

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