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(영문) 대구지방법원 2017.11.29 2017가단14151
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On October 6, 2014, the Plaintiff was declared bankrupt and released from immunity (Tgu District Court Decision 2013Hadan5030, 2013Ma5030). The Plaintiff asserts that, in that case, the Plaintiff did not know that there was a loan claim against the Plaintiff under the Defendant’s judgment stated in the purport of the claim, the Plaintiff sought non-performance of compulsory execution based on the judgment.

However, a lawsuit of demurrer against a judgment must be the grounds for objection that occurred after the pleadings have been concluded. The date of the closing of argument in the loan case is April 27, 2017, and the adjudication of bankruptcy and the adjudication of immunity is prior to the date of the adjudication of bankruptcy and the adjudication of immunity, and thus, the fact that the adjudication of immunity was made cannot be the grounds for objection against the above judgment.

Thus, the plaintiff's claim is dismissed as it is without merit.

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