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1. Ascertainment that the Plaintiff’s obligation in the separate sheet against the Defendant was exempted.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Facts of recognition;
A. On September 18, 2009, the Defendant filed against the Plaintiff for a payment order with the Seoul Central District Court Decision 2009Da100945 (hereinafter “Seoul Central District Court Decision 34,035,319 won and damages for delay calculated at the rate of 18% per annum from September 15, 2009 to the date of full payment of the principal amount of KRW 12,498,982 as to the acquisition interest and KRW 34,035,319 and the principal amount of KRW 12,498,982, and the above payment order became impossible to serve the original copy. Accordingly, the Defendant filed an application for a lawsuit against the Plaintiff upon receiving a favorable judgment on December 17, 2009 and the above judgment became final and conclusive.
B. Since July 1, 2010, the Plaintiff filed an application for bankruptcy and exemption with the Seoul Central District Court No. 2010Hadan11300, 2010, and 11300, and received the adjudication of bankruptcy and the discontinuation of bankruptcy procedures on February 24, 2011. Upon receipt of the decision to grant exemption on September 1, 201, the said decision to grant exemption became final and conclusive on September 16, 201, and the Defendant and the Defendant’s above claims were not stated in the list of creditors at the time.
[Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and the purport of the whole pleadings
2. According to the above facts of recognition, the defendant's above claim against the plaintiff was exempted by the above decision of exemption.
In regard to this, the defendant argues that the plaintiff's claim is a non-exempt claim because the plaintiff's claim is not recorded in the creditor's list in bad faith in the bankruptcy and exemption procedure. Thus, the fact that the defendant and the defendant's claim were not entered in the creditor's list is as seen above. According to the evidence No. 1, the defendant's claim against the plaintiff was delivered to the plaintiff's live-in person (the defendant or live-in person) on July 2, 2010 in the case of Seoul Northern District Court 2010TTTT 6054, which was applied by the defendant based on the above claim, but the defendant's claim against the plaintiff is not stated in the creditor's list.