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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2019.09.19 2019가단5230
청구이의
Text

1. The Defendant’s judgment against the Plaintiff is rendered in Seoul Eastern District Court Decision 2010Kaso65671 Decided November 16, 2010.

Reasons

1. Facts of recognition;

A. On September 14, 2010, the Defendant filed a lawsuit against the Plaintiff with the Seoul Eastern District Court 2010Kaso65671, which sought the payment of the acquisition amount, and was sentenced on November 16, 2010, that “the Defendant shall pay to the Plaintiff 3,804,164 won and 1,800,000 won among them, interest rate of 25% per annum from June 10, 2010 to November 12, 2010, and interest rate of 20% per annum from the next day to the day of full payment” and the above judgment became final and conclusive on December 7, 2010.

(hereinafter “the final judgment of this case”). (b)

Around March 22, 2011, the Defendant transferred the Defendant’s claim to C with respect to the Plaintiff and notified the Plaintiff of the assignment of the claim at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. Based on the final judgment of the instant case, the Defendant filed an application for a seizure and collection order with the Busan District Court 201TTT856, and the said court issued a seizure and collection order with the same purport as the said application on January 13, 2011.

On the other hand, on June 4, 2010, the Plaintiff requested bankruptcy and immunity from the Busan District Court 2010Hadan2423 and 2010Ma2423, and was granted immunity from immunity on May 30, 201. The above immunity was finalized on June 14, 201.

The Plaintiff was exempted from the liability to repay the said debt according to the above immunity decision, since the Plaintiff did not enter claims based on the final judgment of this case in the list of creditors submitted at the time of the above bankruptcy and exemption application, but did not omitted in bad faith.

Therefore, compulsory execution based on the final judgment of this case against the defendant should not be permitted.

B. The Defendant’s assertion that the Defendant transferred all rights and obligations regarding the claim under the instant final judgment to C on March 22, 201, which concluded with C, and that the said claim was transferred to D Deposit Insurance Corporation after being transferred to D.

The defendant is the plaintiff.

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