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(영문) 의정부지방법원고양지원 2019.12.12 2019가단83508
청구이의
Text

1. The Defendant’s notary public against the Plaintiff Co., Ltd. is a monetary loan agreement No. 1002, Sept. 3, 2014, drafted on September 3, 2014.

Reasons

1. Facts of recognition;

A. A. On September 3, 2014, D, the husband of the Plaintiff, borrowed KRW 174,387,720 from the Defendant on the part of the Plaintiff as the obligor. As to this, D, a notary public, drafted a notarized deed of monetary loan loan agreement No. 1002 (hereinafter “notarial deed of this case”), No. 1002 (hereinafter “instant claim”) on September 3, 2014.

B. The Plaintiff filed a petition for bankruptcy and immunity with the District Court Decision 2016Hadan3162 and 2016Ma3162, and was granted immunity on October 24, 2018 (hereinafter “instant immunity”). The instant immunity became final and conclusive on November 13, 2018.

C. The Defendant’s claim against the Plaintiff is omitted in the list of creditors submitted by the Plaintiff to the court in the bankruptcy and immunity procedure.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. A. A claim on property arising prior to the declaration of bankruptcy against a debtor as to the cause of a claim, i.e., a bankruptcy claim shall be exempt from the effect of immunity under the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the decision to grant immunity against a

According to the above facts of recognition, the defendant's claim of this case against the plaintiff was exempted from its responsibility upon the decision to grant immunity of this case became final and conclusive, barring any special circumstance, compulsory execution based on the defendant's Notarial Deed against the plaintiff shall be denied.

B. The Defendant asserts to the effect that the instant claim constitutes non-exempt claims, inasmuch as the Plaintiff knew of the existence of the instant claim at the time of bankruptcy and application for immunity application, and did not enter it in the list of creditors.

However, the debtor under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act is in bad faith in the list of creditors.

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