청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. B on February 24, 2005, the Plaintiff lent the said money to the Plaintiff by means of reimbursing the debt amount of KRW 9,000,000 to be paid to the YYYY Co., Ltd. on behalf of the Plaintiff on November 28, 2006. On November 28, 2006, the Plaintiff confirmed that there was a claim of KRW 13,200,000 in total, including the said loan principal and interest of KRW 8,050,000,000, and the said credit amount was to be paid in 12 months from the Plaintiff.
(hereinafter “instant contract amount”). (b)
The Plaintiff filed an application for bankruptcy and exemption with the Daegu District Court Decision 2010Hadan4873 and 2010Ha4873, the Plaintiff was granted immunity on August 30, 201, and the said immunity became final and conclusive on September 15, 2011. The Plaintiff did not enter the obligations of the instant contract in the list of creditors of the bankruptcy and exemption cases.
C. Around 2013, B filed an application for a payment order against the Plaintiff for the payment of the instant agreed amount, but the Plaintiff’s objection thereto. On July 16, 2014, the Plaintiff filed a lawsuit for the payment of the agreed amount and was sentenced to a favorable judgment (hereinafter “instant judgment”) that stated that “the Plaintiff shall pay to B 12,200,000 won and the amount calculated at the rate of 20% per annum from March 1, 2007 to December 27, 2013, and the amount of money calculated at the rate of 12,20,000 won per annum from the next day to the day of full payment.”
B transferred the instant claim to the Defendant on September 1, 2015, and notified the Plaintiff of the assignment of the claim on September 14, 2015, and the notification reached the Plaintiff around that time.
【Fact-finding without dispute over the ground for recognition】 The evidence Nos. 1-1, 2, 3, 2, 3, 1-2 and 3, each entry of evidence Nos. 1 and 2, the witness B’s testimony, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1 of the parties' assertion was omitted in the list of creditors because he/she was unable to memory the existence of the contract amount of this case in the course of proceeding with the bankruptcy and exemption case. Thus, the above omission is the negligence.