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(영문) 인천지방법원 2021.02.25 2020가단16012
청구이의
Text

1. The Defendant’s judgment on the loan case (No. 2019) No. 71581 decided July 3, 2020 against the Plaintiff was based on the Incheon District Court Decision.

Reasons

1. Facts of recognition;

A. On January 29, 2009, the Plaintiff borrowed KRW 11 million from the Defendant to use for daily living expenses, and prepared and awarded a fair deed to the Defendant, and on May 2011, drafted and issued a new loan certificate.

B. On July 26, 2017, the Plaintiff filed an application for bankruptcy and immunity with the Incheon District Court 3238 at the 2017 lower end, 2017, and 3235 at the 2017 lower end. On November 17, 2017, the Plaintiff was declared bankrupt by the above court, and was granted immunity on January 22, 2018, and the Defendant’s obligation against the Defendant was omitted from the creditor’s list.

(c)

The defendant filed a lawsuit against the plaintiff as the Incheon District Court 2019 Ghana 71581, and on July 3, 2020, the above court rendered a favorable judgment that "one thousand won and the amount calculated by applying the rate of 30% per annum from July 30, 2009 to the day of full payment" was paid by the above court, and the above judgment became final and conclusive.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the above judgment's claim is a property claim arising from the cause that occurred before the plaintiff's bankruptcy is declared, which constitutes a bankruptcy claim, and since the decision to grant immunity to the plaintiff became final and conclusive, barring any special circumstance, the above obligation against the defendant pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter " Debt Rehabilitation Act") shall be deemed exempted.

Therefore, compulsory execution based on the above judgment is not permissible.

B. 1) The defendant asserts to the effect that since the plaintiff did not state his claim for the instant payment order on the creditor list in bad faith, the above claim constitutes a non-faced claim under Article 566 subparag. 7 of the Debtor Rehabilitation Act.

2) The phrase “claim that is not entered in the creditors’ list in bad faith by the obligor” under Article 566 subparag. 7 of the Act refers to the obligor’s obligation against the obligee prior to immunity.

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