beta
(영문) 울산지방법원 양산시법원 2018.11.08 2018가단565

청구이의

Text

1. The defendant's loan case No. 2007Gau26206 against the plaintiff was based on the Ulsan District Court 2007Gau26206.

Reasons

1. The Plaintiff was declared bankrupt as of May 30, 2014 in the bankruptcy petition case of Busan District Court Decision 2013Hadan3299, and the decision of immunity was confirmed as of October 14, 2014 in the above court case of immunity No. 2013,3299.

2. In the above bankruptcy petition case, the plaintiff did not enter the defendant's claims in the list of creditors, and there is no evidence to acknowledge that the plaintiff did not enter the defendant's claims in bad faith in the list of creditors in order to easily obtain the decision of bankruptcy immunity in light of the fact that there were several financial institutions and individual creditors at the time, and that the amount of debts is a large amount.

3. Therefore, the Plaintiff’s obligation of the loan case stated in the order against the Defendant is exempt by Article 566 of the Debtor Rehabilitation and Bankruptcy Act.

4. If so, the defendant shall not perform compulsory execution based on the judgment of the loan case stated in the order against the plaintiff, and it is so decided as per Disposition.