청구이의의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant’s payment order (hereinafter “instant payment order”) against the Plaintiff is based on a final and conclusive payment order for the Defendant’s claim for acquisition money (Seoul Central District Court Decision 2014Da181713), and the Defendant has a claim against the Plaintiff at the rate of 17% per annum from August 5, 2014 to the date of full payment to the date of full payment (hereinafter “instant principal and interest claim”).
B. The Plaintiff was granted immunity on November 4, 201 in the case of individual rehabilitation, 201, 23854, and the decision of immunity became final and conclusive around that time. In the list of individual rehabilitation creditors of the said final and conclusive decision of immunity (hereinafter “decision of immunity”), the Defendant’s claim for the principal and interest of this case is omitted.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. On the ground that the Plaintiff, based on the decision on immunity of this case, has been exempted from the executive force of the instant payment order on the ground that the principal and interest claim of this case was also exempted, the Defendant asserts that the instant principal and interest claim of this case is “a claim which is not entered in the list of individual rehabilitation creditors” under Article 625(2)1 of the Debtor Rehabilitation and Bankruptcy Act, and that the Plaintiff’s claim is without merit.
B. According to Article 625(1) and (2) of the Debtor Rehabilitation and Bankruptcy Act, a debtor who is granted immunity in accordance with the individual rehabilitation procedure is, in principle, exempted from the liability for the obligations of individual rehabilitation creditors, except that the debtor has repaid the debt according to the repayment plan. However, according to Article 625(2)1, etc. of the same Act, the liability for non-exempt claims, such as the “claim not entered in the list of individual rehabilitation creditors,” etc.
However, as seen earlier in the underlying facts, the instant case.