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(영문) 수원지방법원성남지원 2017.06.02 2016가단229682
청구이의
Text

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 June 10, 2010, the Defendant filed a lawsuit against the Plaintiff on the grounds of the same reasons as indicated in the reasons for the claim in the attached Form, with the Suwon District Court Branch 2010Daso39751, and received a favorable judgment on January 6, 2011, and the said judgment became final and conclusive on February 8, 2011.

(hereinafter “the final judgment of this case”). (b)

On December 12, 2014, the Plaintiff filed an application for each bankruptcy or discharge with the Seoul Central District Court Decision 2012Hadan12362, 2012Ma12362, and was declared bankrupt on June 22, 2015, and on December 10, 2015, the Plaintiff was determined to discontinue bankruptcy pursuant to Articles 545(1) and 10(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) on the grounds that the bankruptcy is insufficient to cover the expenses for the bankruptcy proceedings with the bankruptcy estate. On the same day, the Plaintiff was determined to grant the exemption, and the said decision to grant the exemption became final and conclusive on December 29, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The claim on the property that occurred before the debtor is declared bankrupt shall be a bankruptcy claim (Article 423 of the Act), and the debtor who is granted the discharge shall be exempted from all of the obligations to the bankruptcy creditor except the distribution pursuant to the bankruptcy procedure (Article 566 of the Act). Thus, the defendant's claim is a bankruptcy claim that occurred before the bankruptcy is declared and the decision to grant immunity becomes final and conclusive, and thus, it is a claim subject

B. The defendant asserts as follows.

“The Plaintiff intentionally inflicted an injury on B, and thereby paid the hospital treatment expenses of B as insurance proceeds, thereby acquiring the right to indemnity against the Plaintiff. The said right to indemnity constitutes a claim for damages due to an intentional tort, and thus is not exempted from liability.” The claim for damages due to an intentional tort committed by the obligor is not exempt from liability (Article 566 subparag. 3 of the Act).

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