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(영문) 서울동부지방법원 2015.06.24 2014가단59409
면책확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 6, 2009, the Plaintiff filed for bankruptcy and exemption with the Seoul Central District Court and received the adjudication of bankruptcy (2009Hadan18153) on September 1, 2009, and on November 27, 2009, the decision of exemption (2009Da18153, hereinafter “the decision of exemption”). The decision of exemption of this case became final and conclusive on December 12, 2009.

B. On October 28, 2009, the Defendant, not indicated in the list of creditors of the above bankruptcy case, filed an application for a payment order against the Plaintiff for the payment of the principal and interest of the loan amounting to KRW 10 million, and the above payment order application procedure was implemented on December 22, 2009 (Seoul East Eastern District Court 2009Dada District Court 115828). The procedure of the above lawsuit procedure was conducted by service by public notice, and the pleadings were concluded on June 23, 2010 and the Defendant winning judgment (hereinafter “instant judgment”), and the instant judgment became final and conclusive on July 6, 2010.

【Ground for recognition】 The fact that there has been no dispute, significant fact in this court, entry in Gap evidence 1 and 2, the purport of the whole pleadings

2. The Plaintiff asserts that, at the time of receiving the exemption decision of this case, since the Plaintiff did not know the existence of the Defendant’s above loan claims and did not enter them in the list of creditors, the above loan claims were exempted from liability, and that compulsory execution according to the instant judgment should

However, in a case where the executive title is a judgment, the grounds for raising an objection against the judgment should arise after the pleadings have been concluded. According to the above facts, the decision of exemption of this case is already finalized on December 12, 2009, which is before June 23, 2010, which is the closing date of pleadings of the judgment of this case. Thus, it is not allowed to raise an objection against the judgment of this case on the grounds of the decision of exemption of this case. Thus, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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