청구이의
1. The Defendant’s decision on the Defendant’s recommendation of performance as Daegu District Court Branch Branch of the Daegu District Court on December 15, 2019, No. 2019 Ghana15443 on December 15, 2019.
1. On May 1, 2019, the fact of recognition was decided to grant immunity to the Plaintiff (in case of the Chuncheon District Court Decision 2017 Gangnam Branch Office 2017, 158), and on May 16, 2019, the Defendant’s claim out of approximately KRW 2.4 billion stated in the creditors’ list was not included.
On November 26, 2019, the Defendant filed a claim with the Plaintiff for the payment of KRW 10 million and delay damages under the agreement made on September 24, 2007 and December 12, 2013 with the Daegu District Court Branch Branch Branch Decision 2019 Ghana1543, which became final and conclusive on January 24, 2020. Accordingly, the Defendant’s decision on performance recommendation under paragraph (1) was served on the Plaintiff on January 9, 2020 and became final and conclusive on January 24, 2020.
[Ground] Facts without dispute, Gap evidence No. 1-3, Eul evidence No. 23, the purport of the whole pleadings
2. A claim on the property arising before the declaration of bankruptcy against the debtor for the determination of the cause of the claim shall be exempt from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act unless the decision to grant immunity against the bankrupt falls under the proviso of Article 566 of the same Act, even though it is not recorded in the list of creditors;
Since the Defendant’s claim on the decision on performance recommendation as stated in Paragraph 1 of the Disposition against the Plaintiff is a property claim arising from a cause arising prior to the declaration of bankruptcy against the Plaintiff, which became final and conclusive and thus loses its executive force, compulsory execution based on the Defendant’s decision on performance recommendation as stated in Paragraph 1 of the Disposition against the Plaintiff is not permissible, and ex officio orders the provisional disposition of suspension of compulsory execution until this judgment is finalized pursuant to Article 4647 of the Civil Execution
3. Judgment on the defendant's assertion
A. 1) The defendant asserts that his claim constitutes non-exempt claim in bad faith in the case of immunity that the plaintiff did not enter his claim in the list of creditors. 2) The "claim not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act is a bankruptcy creditor before immunity is granted to the debtor.