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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Comprehensively taking account of the overall purport of the arguments in Evidence A Nos. 1 through 5, the Plaintiff filed an application for bankruptcy and exemption with the Busan District Court Decision 2012Hadan313, 2012Ma313, Jan. 28, 2013, which became final and conclusive on February 13, 2013; the Defendant filed a lawsuit against the Plaintiff, such as a loan, etc. with the Seoul Central District Court 2015Ma94314, and was sentenced to a favorable judgment on September 10, 2015; and the Plaintiff appealed against the said judgment (Seoul Central District Court 2015Na54690) from the appellate court (Seoul Central District Court 2015Na54690) to June 30, 2016, and the said judgment became final and conclusive around that time.
The plaintiff asserts that since the court did not know the defendant's above loan claims and did not enter them in the bankruptcy claim list, the defendant's above loan claims do not constitute non-exempt claims and filed the lawsuit in this case.
In a case where an executive title, which is the object of an objection in a lawsuit raising an objection, is a final and conclusive judgment or protocol of mediation, an objection in relation to the res judicata can be raised only when the grounds arise after the fact-finding hearing of the relevant lawsuit has been concluded as a fact-finding court. Moreover, even if the domestic debtor was unaware of such circumstances without fault and did not assert it before the closing of pleadings, the circumstance that occurred earlier cannot be deemed as
(See Article 44(2) of the Civil Execution Act, Supreme Court Decision 2005Da12728 Decided May 27, 2005, etc.). The grounds alleged by the plaintiff cannot be a legitimate ground for objection to the above judgment due to the reasons before the conclusion of pleadings in the above final judgment, and the plaintiff's assertion is without merit.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.