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(영문) 인천지방법원 2018.07.27 2018가단14709
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Incheon District Court Decision 2017Gaso75923 Decided March 12, 2018.

Reasons

1. Facts of recognition;

A. At around 22:50 on August 7, 2007, B driven a C-Motor vehicle owned by the Plaintiff (hereinafter “A-related vehicle”) and moved back to the alley side of the B-gu Incheon Bupyeong-gu, the part of the front part of the E-vehicle (hereinafter “A-related vehicle”) in front of the left part of the vehicle, which is going to the right side of the E-vehicle going to the right side of the side of the B-gu, Bupyeong-gu, Incheon.

(hereinafter “instant accident”). B.

On September 28, 2007 and December 18, 2007, the Defendant, the insurer of the damaged vehicle, paid KRW 3,213,000 in total to F and G, the victim of the instant accident, who suffered the injury, for agreed money and medical expenses.

C. On August 5, 2010, the Plaintiff filed an application for bankruptcy and exemption with the Incheon District Court 2010,4662, 2010Hadan4663, and was declared bankrupt on April 7, 201, and the said exemption decision became final and conclusive on August 11, 201 upon receipt of a decision to grant immunity on July 27, 201.

However, when applying for bankruptcy and exemption, the Plaintiff omitted the report of the obligation of indemnity against the Defendant.

E. On August 24, 2017, the Defendant filed a lawsuit against the Plaintiff, who is the operator of a sea-going vehicle, with the Incheon District Court 2017Gaso75923, and was sentenced to a favorable judgment ordering the payment of the amount at the rate of 15% per annum from March 12, 2018 to September 25, 2017, and from the following day to the day of full payment. The said judgment became final and conclusive on March 31, 2018.

F. On May 8, 2018, the Defendant received a seizure and collection order regarding the Plaintiff’s deposits, etc. of each financial institution based on the original judgment executory by Incheon District Court 2018TTT10798.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 and 3, Gap evidence 2-2, Eul evidence 1 and 3, the purport of the whole pleadings

2. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a bankruptcy debtor who has been exempted from liability is subject to bankruptcy proceedings.

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