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(영문) 울산지방법원 2019.05.14 2018가단72675
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff based on this Court Decision 2008Gaso17412 is denied.

2. This.

Reasons

1. Basic facts

A. On December 2, 2008, C Co., Ltd. filed a lawsuit against the Plaintiff for the claim for the takeover amount against the Plaintiff. On February 3, 2009, the court rendered a judgment on February 3, 2009 that “the Plaintiff shall pay to C Co., Ltd. 18,484,402 won and damages for delay amounting to KRW 7,708,030, which became final and conclusive on March 10, 2009.”

(hereinafter referred to as the “final judgment of this case”). In this litigation procedure, service by public notice was made to the Plaintiff.

B. C Co., Ltd. transferred to D Co., Ltd. on October 20, 2010; D Co., Ltd., on April 30, 2013, to E Co., Ltd., the claims finalized by the final and conclusive judgment of this case.

C. On November 18, 201, D Co., Ltd filed an application with the instant court for grant of succession to the instant final judgment, and a certified copy of the succeeded execution clause was served on the Plaintiff on December 13, 201 by means of service by publication.

On January 22, 2015, the Plaintiff filed an application for adjudication of bankruptcy with this Court 2015Hadan46, and on July 9, 2015, the Plaintiff was granted immunity in this Court 2015Ma47, and such immunity immunity is the same year.

7. 24. Finality

(hereinafter) In a petition for bankruptcy, the Plaintiff entered F limited liability companies (147,386 won for principal of the debt) and G Co., Ltd. (6,108,491 won for principal of the debt) in the list of creditors, but did not enter the creditors of the transferred amount, such as the above sub-paragraph (b) in the list of creditors.

E. On April 5, 2018, H Co., Ltd transferred to the Defendant the claim established by the final judgment of this case that was acquired in sequence.

F. On September 19, 2018, the Defendant filed an application with the instant court for grant of succession to the instant final judgment, and a certified copy of the succeeded execution clause was served on the Plaintiff on October 1, 2018.

G. On October 18, 2018, the Defendant applied for a seizure and collection order based on the final judgment in the instant case as the case for the seizure and collection order with the Busan District Court’s branch branch branch of the Dong, Busan District Court’s 2018.

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