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(영문) 대구지방법원 2018.06.14 2017가단26505
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 May 30, 2001, the Defendant lent to the Plaintiff KRW 20 million per month interest rate of KRW 20,000,000 to June 30, 2007, and additionally lent each of the above loans to the Plaintiff on the same condition (hereinafter “each of the instant loans”). November 30, 2002, the Defendant additionally lent each of the above loans to the Plaintiff on the same condition (hereinafter “each of the instant loans”).

B. The Defendant filed a lawsuit against the Plaintiff on the ground that the Plaintiff did not receive full principal of each of the instant loans and interest or delay damages from November 30, 2008.

On April 8, 2010, the service of the Plaintiff was conducted by public notice, and the Daegu District Court rendered a judgment to pay to the Defendant 20% interest per annum from March 21, 2010 to the day of full payment with respect to KRW 33.6 million and KRW 3.6 million among them (hereinafter “the subject judgment”).

The judgment was finalized at that time.

C. Meanwhile, the Plaintiff was granted immunity on June 21, 2016 upon filing bankruptcy and application for immunity with the Daegu District Court Nos. 2015Hau450 and 2015Hau450 and 4450, and the said immunity was finalized on July 6, 2016.

The plaintiff did not enter the defendant in the list of creditors while filing bankruptcy and application for immunity as above.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. A claim on property arising prior to the declaration of bankruptcy against a debtor for the determination of the cause of a claim, i.e., a bankruptcy claim shall be exempted from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the proviso of Article 566 of the same Act, even if the decision to grant immunity on the bankrupt becomes final and conclusive and conclusive, unless it

According to the above facts of recognition, the defendant's claim against the plaintiff in the judgment (hereinafter "claim in this case") is a property claim arising from the cause before bankruptcy is declared.

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