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1. The Plaintiff’s decision is based on the Busan District Court’s Busan District Court’s Branch Branch Branch Decision 2012Da308010 Decided June 26, 2012.
Reasons
1. Facts of recognition;
A. On December 12, 2011, the Defendant filed an application for a payment order with the Plaintiff seeking payment of the credit card price of KRW 9,901,614 and damages for delay thereof, but performed as a litigation procedure. On June 26, 2012, the Defendant won the judgment, and the said judgment became final and conclusive.
(Dasan District Court's Dong Branch 2012Gaso308010, hereinafter referred to as "the judgment of this case") b.
On January 25, 2011, the Plaintiff filed a bankruptcy and application for immunity with the Busan District Court Decision 201:232, 201Hadan232, and rendered a judgment of immunity with respect to the Plaintiff on January 27, 2012. The aforementioned decision of immunity became final and conclusive on February 11, 2012.
(hereinafter referred to as “instant exemption decision”). C.
At the time of the application for bankruptcy immunity, the Plaintiff did not enter the credit card payment obligation to the Defendant (hereinafter “instant obligation”) in the list of creditors.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. The plaintiff asserted that, since the plaintiff did not know the existence of the claim in this case in good faith at the time of the plaintiff's application for bankruptcy immunity, it is not effective to the claim in this case, compulsory execution based on the judgment in this case should be rejected.
3. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant's claim of this case against the plaintiff as a bankruptcy claim, which was not entered in the list of creditors at the time of the application for immunity from the plaintiff'
In the absence of special circumstances, the Plaintiff’s liability was exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), barring special circumstances, by the instant exemption decision against the Plaintiff.
Therefore, compulsory execution based on the judgment of this case should be dismissed.
B. The defendant's assertion is judged on the list of creditors with knowledge of the existence of the obligation of this case at the time of the plaintiff's application for exemption.