beta
Text
1. The defendant's decision is based on the Seoul Central District Court Decision 2005Da5902 delivered on June 14, 2005.
Reasons
1. Basic facts
A. On June 14, 2005, the Defendant filed a lawsuit against the Plaintiff as Seoul Central District Court Decision 2005Da59002, and on June 14, 2005, the above court rendered a judgment that the Defendant would pay the Plaintiff KRW 3,860,000 and damages for delay thereof (hereinafter “the final judgment of this case,” and the relevant judgment became final and conclusive.
Since the location of the plaintiff at the time is unclear, the copy, original copy, etc. of the complaint was served on the plaintiff.
B. The Plaintiff was granted a decision to grant immunity on January 14, 2014 (hereinafter “instant decision to grant immunity”) upon filing an application for bankruptcy and exemption with the Seoul Central District Court (Seoul Central District Court Decision 2013Hadan2922, 2013Ma2922). The said decision was finalized on January 30, 2014.
However, the list of creditors submitted by the plaintiff at the time of the above bankruptcy and exemption was not indicated in the defendant's claim of this case.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. Determination
A. According to the above facts in determining the cause of the claim, compulsory execution based on the instant final judgment is no longer permitted, barring special circumstances, since a claim based on the instant final judgment is a property claim arising due to a cause arising prior to the declaration of bankruptcy, which falls under a bankruptcy claim, and the effect of immunity has become final and conclusive as the immunity in this case has lost the capacity and executive capacity of a lawsuit that has ordinary claims.
B. The defendant's defense 1) The summary of the defendant's defense was omitted in the list of creditors because the plaintiff knew of the existence of the claim of this case at the time of filing an application for bankruptcy and exemption from liability, and thus, it was omitted in the list of creditors.
(C) Inasmuch as Article 566 Subparag. 7 does not affect the effect of immunity. 2)