청구이의
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The National Federation of Fisheries Cooperatives filed a lawsuit against the Plaintiff as Busan District Court Decision 2000 Ghana1853.
In the above case, the court sentenced on March 31, 200 to the claimant "8,049,849 won and damages for delay against 7,015,912 won among them" and the above judgment became final and conclusive as it is.
B. On April 10, 2008, the defendant applied for the grant of the succeeding execution clause to the above judgment and received the issuance thereof.
C. On December 31, 2012, the Plaintiff filed a bankruptcy and application for immunity with the Busan District Court 2012Hadan3881 and 2012Ma3881, and was granted immunity from the court on November 6, 2013.
The decision to grant immunity (hereinafter “the decision to grant immunity”) became final and conclusive around that time.
The list of creditors submitted by the Plaintiff in the above case of bankruptcy and immunity is omitted the above claim recognized in the final and conclusive judgment (hereinafter “instant claim”).
[Reasons for Recognition] Unsatisfy Facts, Gap 1, 3 evidence, Eul 13 evidence, significant facts in this court, the purport of the whole pleadings
2. The Plaintiff’s use of money by the National Federation of Fisheries Cooperatives was not the Plaintiff, but the Plaintiff did not know the existence of the instant claim.
It is because the Plaintiff did not enter the claim of this case in the list of creditors because it did not know the existence thereof.
Therefore, the effect of the decision to grant immunity of this case shall be deemed to extend to the claim of this case, and compulsory execution based on the above final judgment shall be denied.
3. According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a debtor who has been exempted from liability is exempted from all of his/her obligations to a bankruptcy creditor except dividends arising from bankruptcy proceedings. However, pursuant to subparagraph 7 of the same Article, a debtor's claim not entered in the list of creditors in bad faith is not exempted from liability.
Here, Article 566 of the Act.