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(영문) 수원지방법원용인시법원 2017.09.28 2017가단26

청구이의

Text

1. The Defendant’s loan case against the Plaintiff at Suwon-si District Court, Suwon-si, 2014 (No. 2013Da53514, Jun. 23, 2014).

Reasons

1. Facts of recognition;

A. On June 23, 2014, the Defendant filed a loan lawsuit against the Plaintiff. On June 23, 2014, the said lawsuit was initiated by service by public notice, and on June 23, 2014, the judgment with the purport that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 20% per annum from June 19, 2014 to the day of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B. On October 13, 2014, the Plaintiff filed for bankruptcy and exemption with the Suwon District Court, and was declared bankrupt by the said court as of October 13, 2014, and the decision of immunity became final and conclusive on February 13, 2015 (hereinafter “instant decision of immunity”) by the same court as of February 13, 2015. The Plaintiff omitted the Plaintiff’s loan obligations against the Defendant in the list of creditors of the instant case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, the purport of the whole pleadings

2. We examine whether the Plaintiff did not enter the instant loan obligations in the creditor list in bad faith, and the evidence submitted by the Defendant alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it. Thus, it is reasonable to view that the instant loan obligations against the Defendant against the Defendant have the effect of the decision on immunity of this case.

3. In conclusion, compulsory execution based on the judgment of this case cannot be permitted. Thus, the plaintiff's claim of this case shall be accepted.