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(영문) 대구지방법원서부지원 2017.09.21 2017가단3455
청구이의
Text

1. The defendant's purchase price case for the article 2009da74920 against the plaintiff of the Daegu District Court.

Reasons

1. Facts of recognition;

A. In the Daegu District Court Branch Decision 2009Gau74920 decided on September 22, 2009 that "the plaintiff shall pay 3,515,000 won and damages for delay to the President of Hansan Co., Ltd." (hereinafter "the decision on the execution recommendation of this case"), and the decision on the execution recommendation of this case was delivered to the plaintiff's wife on November 12, 2009 and became final and conclusive on November 27, 2009.

(hereinafter referred to as “the claim of this case’s recommendations”). B.

Around June 14, 2012, the Hansan Co., Ltd. transferred the instant claim to C, and C transferred the instant claim to the Defendant around April 21, 2014.

C. On August 14, 2014, the Plaintiff was declared bankrupt by Busan District Court 2014Hadan707, and on November 4, 2014, the decision to grant immunity was rendered by Busan District Court 2014Ha707, and on November 19, 2014, the decision to grant immunity became final and conclusive.

In the above bankruptcy and immunity cases, the list of creditors submitted by the Plaintiff was not entered in the claim of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The claim on the property arising before the bankruptcy is declared against the debtor, i.e., the bankruptcy claim does not fall under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the case of the proviso of Article 566 of the same Act. Examining the above facts of recognition in accordance with these legal principles, the claim in this case is a claim on the property arising from the cause that occurred before the bankruptcy is declared and its immunity is determined by the confirmation of the immunity of the plaintiff.

Therefore, the decision of execution recommendation of this case was made.

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