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1. Compulsory execution against the Plaintiff by the Defendant based on the Busan District Court Decision 2010Kadan102850 Decided November 5, 2010.
Reasons
1. Basic facts
A. On September 24, 2010, the Defendant filed a lawsuit claiming a loan against the Plaintiff. On November 5, 2011 of the same year, the court rendered a ruling that “the Plaintiff shall pay to the Defendant the amount of KRW 55,000,000 and the amount equivalent to 20% per annum from October 17, 2010 to the date of full payment” (hereinafter “the instant ruling”), which became final and conclusive around that time, and the said lawsuit was conducted by public notice as the Plaintiff’s address was not identified.
B. On or around March 7, 2017, the Plaintiff filed a declaration of bankruptcy and application for immunity with this court, and received a decision to grant immunity (2017, 356, 2017Hadan356, hereinafter “instant decision”) from this court on August 18, 2017, and the said decision is identical.
9.2. The list of creditors submitted by the Plaintiff during the adjudication of bankruptcy and exemption procedures is not indicated in the list of creditors against the Defendant (hereinafter “instant claim”).
[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, entry of Eul 1 to 6 evidence (including each number, hereinafter the same shall apply), the purport of the whole pleadings
2. Determination:
A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any claim on the property that has arisen before the declaration of bankruptcy against the debtor shall be a bankruptcy claim" and Article 566 of the same Act provides that "the debtor who has been exempted shall be exempted from all of his/her obligations to the bankruptcy creditor except for dividends under the bankruptcy procedure; however, any of the following claims shall not be exempted from all of his/her obligations." Thus, even if the bankruptcy claim is not entered in the list of creditors of the application for immunity, unless it falls under any of the subparagraphs of the proviso of Article 566 of the same Act, it shall be exempted from its liability as the effect of immunity unless it falls under any of the subparagraphs of the proviso of Article 566 of the same Act, and Supreme Court Decision 20