청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Comprehensively taking account of the overall purport of the arguments as to the statements in Gap evidence Nos. 4 through 7, the defendant filed a lawsuit against the plaintiff for a loan with the Changwon District Court 2014Gapo2584, Changwon District Court 2014. The court in the above case can recognize the fact that "the plaintiff paid 5,000 won to the defendant and the amount calculated at the rate of 5% per annum from October 28, 2005 to October 21, 2014, and 20% per annum from the next day to the date of full payment," which stated that "the plaintiff shall pay 5,000 won per annum to the defendant, and the amount calculated at the rate of 20% per annum from the next day to the date of full payment (hereinafter "the final judgment in this case"), which became final and conclusive on March 10, 2015 (hereinafter "the final judgment in this case"), and the defendant received the property order against the plaintiff under the final judgment in this case from the Changwon District Court.
2. The plaintiff's assertion and judgment
A. The Plaintiff asserts that compulsory execution based on the final judgment of this case should not be allowed since the Plaintiff was declared bankrupt and granted immunity.
B. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 2 and 3, the facts that the Plaintiff declared bankrupt and applied for immunity by the Changwon District Court 2010Hadan1638, 2010Hadan1639 was declared bankrupt on February 14, 201 and confirmed around that time after being granted immunity on June 23, 201 are recognized.
However, a lawsuit of demurrer against the judgment must be the one that raised an objection after the pleadings have been concluded. According to the evidence evidence No. 5, the date of closing the argument of the final judgment of this case is December 30, 2014, and the fact that the adjudication of bankruptcy and the decision of immunity against the plaintiff had been previously made is apparent, and thus, the above declaration of bankruptcy and the decision of immunity was made cannot be a legitimate ground for objection against the final judgment of this case.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.