beta
Text
1. The Defendant’s distribution branch of the Daegu District Court is based on the Daegu District Court Decision 201Na9626 Decided January 11, 2012.
Reasons
1. On January 11, 2012, the summary of the case: (a) in the Daegu District Court Branch Decision 2011Gau9626 case, “The Plaintiff and C shall jointly and severally file a judgment with the Defendant to pay 11,400,000 won and KRW 1,530,000 to the Defendant; (b) from March 1, 2011, from March 24, 2011 to January 11, 2012, to KRW 5% per annum; and (c) from the following day to the date of full payment, the Plaintiff shall pay 20% interest per annum to the Defendant at the rate of 20% per annum; (d) the said judgment became final and conclusive around that time; and (e) the Plaintiff shall not be jointly and severally file a claim for immunity from the Chuncheon District Court and the Defendant’s exemption from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge.
2. Determination
A. The debtor's property right arising from the cause before the bankruptcy is declared against the debtor, that is, the bankruptcy claim shall be exempt from the effect of immunity, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the decision to grant immunity on the bankrupt becomes final and conclusive, and is not entered
According to the facts acknowledged above, the defendant's claim against the plaintiff in the judgment of this case is a claim on property arising from a cause arising before the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity decision against the plaintiff is finalized, barring any special circumstance, and thus, the defendant's compulsory execution against the plaintiff in this case shall not be permitted.
B. As to this, the defendant asserts that since the plaintiff did not enter the defendant's claim in the creditors' list in bad faith during the above immunity process, the defendant's claim against the plaintiff constitutes non-exempt claim.
"Claims by an obligor in bad faith not entered in the list of creditors" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act are the obligor.