청구이의
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. (i) On May 24, 2002, EL Card Co., Ltd. loaned KRW 25,000,000 to B on May 24, 2002, and the Plaintiff jointly and severally guaranteed the above loan obligation.
Upon the delay in the payment of the principal and interest of the loan, the defendant who merged with EL Card Co., Ltd. filed an application with the Seoul Northern District Court No. 2010 tea8510 for the payment order of the guaranteed debt with the Seoul Northern District Court. On December 7, 2010, the above court issued a payment order with the purport that the plaintiff would pay to the defendant the amount of KRW 62,326,342 and damages for delay of KRW 20,934,527 (hereinafter "the guaranteed debt amount of this case"), and the above payment order was finalized around that time.
Consolidatedly, the plaintiff was declared bankrupt on April 21, 2006 by Seoul Central District Court No. 2006Haak2765 of the same year.
7. 18. 18. The above court was granted immunity by 2006, 2944, and the above immunity became final and conclusive around that time.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings
B. According to the above facts, the guaranteed debt of this case is "property claim arising from a cause before the declaration of bankruptcy" and constitutes a bankruptcy claim. Thus, barring any special circumstance, compulsory execution based on the payment order of this case based on the already exempted debt shall not be permitted.
2. Judgment on the defendant's defense
A. On the summary of the defendant's defense, the defendant asserts that compulsory execution based on the payment order of this case should be permitted, since the defendant's claim for the guaranteed debt of this case is "a claim not entered in the list of creditors in bad faith" and it constitutes non-exempt claim.
B. The "debtor's right not to be entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act is called "the right to claim in bad faith."