On September 9, 2002, the defendant received a notarial deed from the plaintiff and lent KRW 5,000,000 to the plaintiff, and the plaintiff did not repay it. The plaintiff filed a lawsuit under this court 2013 Ghana3584, but the plaintiff's address was not known and thus the judgment in favor of the defendant was rendered.

On November 11, 2016, the Plaintiff was granted immunity on May 19, 2017 from the application for bankruptcy and immunity (Seoul Rehabilitation Court 2016, 7985, subordinate 7985), but was not recorded in the list of creditors because the Defendant did not report to the creditor at the time.

Then, the defendant filed a lawsuit against the plaintiff again, and received a decision of performance recommendation as stated in the text of the lawsuit.

In light of the fact that the previous judgment (this Court Decision 2013Gaso3584) was in progress by public notice and that there was no reason for the Plaintiff to not report the Defendant to the obligee, it cannot be seen that the Plaintiff entered the Defendant in the list of creditors in bad faith. Thus, the Plaintiff’s obligation to borrow KRW 5,00,000 against the Defendant was legally exempted by the above immunity.

I would like to say.

Therefore, the claim of this case seeking the denial of compulsory execution based on the decision on performance recommendation as stated in the text of this case is reasonable.