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(영문) 수원지방법원용인시법원 2017.10.12 2017가단95
청구이의
Text

1. The Defendant’s case of Suwon-si District Court Decision 2014Gaso26205 decided September 1, 2014 against the Plaintiff is the case.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff. On September 1, 2014, the said lawsuit was initiated by public notice, and on September 1, 2014, the judgment of Suwon District Court 2014Gaso26205, stating that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 20% per annum from June 6, 2003 to the date of full payment” (hereinafter “instant judgment”), and around that time, the said judgment became final and conclusive.

B. On September 22, 2014, the Plaintiff filed for bankruptcy and exemption with the Seoul Central District Court and was declared bankrupt on September 22, 2014 by the same court, and was granted immunity (hereinafter “instant immunity exemption”) under the same court 2014Da6848 on November 25, 2014, and the said immunity exemption became final and conclusive around that time.

C. On October 20, 2016, the Plaintiff rendered a judgment of Suwon District Court 2016Da24037 with respect to the instant obligation against the Defendant, and the said judgment became final and conclusive around that time.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of recognition, compulsory execution based on the judgment of this case cannot be permitted according to the validity of the decision to grant immunity of this case, and thus, the plaintiff's claim of this case is accepted.

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