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(영문) 수원지방법원성남지원 2017.06.23 2017가단2631
청구이의
Text

1. The defendant's decision is based on the Suwon District Court Branch Decision 2005Da2338 delivered on December 12, 2006.

Reasons

1. In full view of the purport of the entire pleadings, the following facts are recognized in each statement of evidence Nos. 1 to 4.

A. The Defendant supplied the Plaintiff with “lod” and was not paid the price. On August 1, 2005, the Defendant filed a lawsuit against the Plaintiff and the joint guarantor B, and rendered the judgment on December 12, 2006 that “The Plaintiff shall jointly and severally with B pay the Defendant 63,997,000 won and 20% interest per annum from June 14, 2006 to the date of full payment.” The judgment became final and conclusive on December 30, 2006 with respect to the Plaintiff.

(hereinafter referred to as “pre-trial judgment”). (b)

On June 10, 2013, the Plaintiff filed an application for bankruptcy or immunity with Suwon District Court 2013Hadan4217, 2013Ma4217, the Plaintiff was declared bankrupt on June 9, 2014 and was subject to discontinuation of bankruptcy or exemption from immunity on August 21, 2014, and each of the said decisions became final and conclusive on September 5, 2014.

C. At the time of the declaration of bankruptcy and decision on immunity, the Defendant’s claim for the purchase price of the goods against the Plaintiff (hereinafter “instant claim”) was not indicated in the list of creditors.

2. According to the above findings of determination, the instant claim is a property claim arising from a cause that occurred prior to the declaration of bankruptcy and constitutes a bankruptcy claim, and the exemption of the Plaintiff’s liability was exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act due to the confirmation of

Therefore, barring any special circumstance, compulsory execution based on the judgment of this case against the plaintiff cannot be permitted.

3. Judgment on the defendant's assertion

A. The Defendant asserts to the effect that, at the time of the application for bankruptcy and exemption, the Plaintiff omitted the existence of the instant claim with knowledge of the existence thereof, the instant claim constitutes non-exempt claims.

B. Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not entered in the list of creditors in bad faith by an obligor" shall be released from immunity by the obligor.

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