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1. The court of Seoul Central District Court 2009 Ghana 1681219 decided May 11, 2009 against the Defendant’s Plaintiff.
Reasons
1. Facts of recognition;
A. D Co., Ltd. (hereinafter “Nonindicted Company”) filed a lawsuit against the Defendant, etc. on May 11, 2009 against the Plaintiff, etc. by this Court No. 2009 Ghana1681219, and received a decision of performance recommendation ordering payment of damages for delay after April 8, 2009 on KRW 16,59,783 and KRW 5,045,133 from the Plaintiff. The said decision became final and conclusive on May 29, 2009. In addition, the Nonparty Company filed a lawsuit against the Plaintiff, etc. on March 29, 2010 by this Court No. 2010 Ghana437170, and received a final and conclusive decision of performance recommendation on KRW 36,60,437 and the said amount of KRW 9,963,894 from the said date, and the said decision was made on May 29, 2009.”
B. The non-party company transferred to the Defendant the claim pursuant to each of the above recommendations made against the Plaintiff.
C. On the other hand, on August 26, 2016, the Plaintiff applied for bankruptcy and exemption under this Court Decision 2016Hadan6319, 2016Ma6319, and was declared bankrupt on November 28, 2016, and subsequently decided exemption on January 12, 2017, and became final and conclusive on February 1, 2017.
[Reasons for Recognition] Facts without dispute, significant facts in the court, Gap 2, 3 evidence (where there are numbers in documentary evidence, the indication is omitted; hereinafter the same shall apply), Eul 2-4 evidence, and the purport of the whole pleadings
2. Assertion and determination
A. According to the facts established above, the Defendant’s claims based on the decision on performance recommendation as above against the Plaintiff acquired by Nonparty Company constituted bankruptcy claims under Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”) and thus, constitutes a bankruptcy claim under Article 423 of the Debtor Rehabilitation and Bankruptcy Act. Barring any special circumstance, barring any special circumstance, the Plaintiff’s liability is exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation Act, and thus, compulsory execution based on the Defendant’s decision on performance recommendation should be
B. The defendant shall pay debts according to each of the above recommendations made in bad faith by the plaintiff.