청구이의
1. The plaintiff is based on the final judgment of Busan District Court 2012 Family Court 568687 and its successor execution clause.
1. AD Asset Management Loan Co., Ltd. (hereinafter referred to as “DD Asset Management Loan”) with respect to the cause of the claim (hereinafter referred to as “DD Asset Management Loan”) was awarded a favorable judgment in full against the Plaintiff by filing a lawsuit against the Plaintiff on the claim for acquisition amount under Busan District Court Decision 2012Da35687, Aug. 21, 2012, ordering the Plaintiff to pay “18,19,468 won and damages for delay in relation to 6,824,734 won.”
9. 18. The judgment (hereinafter referred to as “the final judgment of this case”) became final and conclusive.
The Defendant acquired the claim against the Plaintiff in accordance with the final judgment of the instant case (hereinafter referred to as “the claim against the instant case”) from a DNA asset management loan, and received the succession execution clause and delivered it to the Plaintiff, and the Plaintiff directly received it on September 30, 2014.
On the other hand, on February 6, 2014, the Plaintiff filed a bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”) with the Gwangju District Court No. 2014Hadan226, 2014Da226, and the same year.
6. 18. A bankruptcy is declared, and immunity is also granted on October 29 of the same year.
However, at the time of the above bankruptcy and application for immunity, the Plaintiff did not enter the instant claim for the transfer money in the claim list.
After that, on December 18, 2014, the Defendant issued a collection order (Seoul District Court 2014 Taz. 22419) with the claim amount of KRW 21,430,465 with the final judgment of this case as executive title.
[Ground for Recognition: A.1 through 5, B. 1, B. 2] Therefore, the claim for the amount of the transfer money of this case was exempted by the declaration of bankruptcy and the decision of immunity for the plaintiff. Since the defendant is dissatisfied with this, there is a benefit to seek confirmation of the fact of exemption.
2. The judgment of the defendant on the defendant's assertion is that the plaintiff received directly the execution clause of the final judgment of this case during the bankruptcy and the procedure of application for immunity and the existence of the debt of this case.