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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. From December 19, 2001, the Plaintiff began to delay the amount of credit cards issued by the Defendant and used it.
B. Accordingly, on May 13, 2010, the Defendant filed a loan claim against the Plaintiff for the payment of the card price, etc. in arrears with this court 2010 Ghana20387. When the copy of the complaint against the Plaintiff is impossible to be served, this court issued an order of service by publication to the Plaintiff on May 19, 2010.
C. After that, on June 10, 2010, this court rendered a judgment that "the plaintiff shall pay to the defendant 47,497,020 won and 17,760,275 won with interest of 29.9% per annum from January 26, 2010 to the date of full payment" (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive on July 20, 2010.
However, on April 12, 2010, the Plaintiff filed an application for bankruptcy and exemption with the Jung-gu District Court. On May 24, 2011, the Plaintiff received from the Jung-gu District Court the immunity decision (hereinafter “instant immunity decision”). On May 24, 2011, the Plaintiff omitted a credit card payment claim, etc. (hereinafter “instant credit card payment claim”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 6-1, 2, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion omitted the instant credit card payment claim in the creditor registry in the course of the decision to grant immunity, but at the time, the Plaintiff was aware of all the claims were transferred to the Korea Asset Management Corporation or was unaware of the existence of the instant credit card payment claim. Therefore, the instant credit card payment claim should also be exempted according to the decision to grant immunity, inasmuch as it did not intentionally or maliciously omit the claim.
Therefore, compulsory execution based on the instant judgment cannot be allowed.
(b).