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1. The defendant's decision against the plaintiff is based on the Hongcheon-gun District Court Decision 2008Gaga2466 decided Dec. 4, 2008.
Reasons
1. Basic facts
A. On September 3, 2008, the Defendant filed a lawsuit against the Plaintiff for a loan claim under this Court Decision 2008 Ghana2466.
On December 4, 2008, the judgment ordering the Plaintiff to pay the Defendant 13 million won and 20% interest per annum from October 15, 2008 to the day of full payment (hereinafter “the judgment of this case”), which became final and conclusive around that time.
B. On February 16, 2005, the Plaintiff filed a petition for bankruptcy with the Incheon District Court as 2015Hadan794, and filed an application for immunity with the Incheon District Court as 2015Hadan798. On June 16, 2016, the Plaintiff was subject to discontinuation of bankruptcy and exemption from immunity, and the exemption from immunity became final and conclusive on July 1, 2016.
C. The defendant is not stated in the list of creditors of the above case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, purport of whole pleadings
2. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “The Debtor Rehabilitation Act”) provides that “The exempted debtor shall be exempted from all obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedure,” and the claim regarding the judgment of this case (hereinafter “claim of this case”) constitutes a bankruptcy claim, which is a property claim arising prior to the declaration of bankruptcy and constitutes a bankruptcy claim, and thus, the plaintiff is exempted from its liability for the obligation under the judgment of this case against the defendant.
Therefore, the instant claim has lost the executive force with ordinary claims.
Therefore, compulsory execution based on the judgment of this case against the plaintiff cannot be permitted.
3. Judgment on the defendant's assertion
A. The defendant asserts that the plaintiff's assertion is false, and the defendant is malicious among the plaintiff's assertion.