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1. The Defendant’s decision against the Plaintiff is based on the Daegu District Court Decision 2013Da3058 Decided July 23, 2013.
Reasons
1. Basic facts
A. In the Daegu District Court case No. 2013Gau3058, Jun. 23, 2013, which the Defendant filed against the Plaintiff, the said court rendered a ruling that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 29.9% per annum from March 8, 2013 to the date of complete payment” (hereinafter “the instant judgment”) with respect to KRW 68,026,200 and KRW 17,626,195 among them, to the Defendant, and the said ruling became final and conclusive on August 9, 2013.
(hereinafter “instant claim”). At the time, the instant case was served by public notice on the Defendant’s claim under the instant judgment.
B. On June 1, 2017, the Plaintiff filed an application for adjudication of bankruptcy and exemption from liability with the Daegu District Court No. 2016Hadan4152 and 2016Ma4152 (hereinafter “instant decision”), and the said decision became final and conclusive on June 16, 2017.
However, the defendant did not enter the claim of this case in the list of creditors.
[Ground] Evidence Nos. 1 through 4, evidence No. 1 to 3, the purport of the whole pleadings
2. The key issue of the instant case is whether the Plaintiff did not enter the Defendant’s claim in the list of creditors in bad faith (whether it constitutes non-exempt claim as provided in Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act).
In light of the following circumstances acknowledged by the aforementioned evidence, the Plaintiff did not appear to have known of the existence of the instant claim, but did not enter it in the list of creditors.
Therefore, since the effect of the decision on immunity of this case is limited to the claim of this case, compulsory execution based on the judgment of this case cannot be permitted.
① The Defendant was rendered the instant judgment on the ground that the Plaintiff used the credit card issued by Defendant from 2002 to 2003 and did not pay the card price.
The defendant's claim of this case occurred 13 years prior to the plaintiff's application for immunity, and the defendant urged the plaintiff to repay his debt.