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1. The defendant's decision against the plaintiff is based on the Seoul Southern District Court Decision 2014Gadan22857.
Reasons
1. Basic facts
A. The defendant filed a lawsuit against the plaintiff to pay 54,50,000 won with Seoul Southern District Court Decision 2004GaGa26854 and 54,500,000 won and damages for delay. The defendant brought a lawsuit by means of service by public notice on October 7, 2004, and as a result, on October 7, 2004, the above court paid 54,500,000 won to the defendant and 20% interest per annum from May 22, 2004.
B. For the interruption of extinctive prescription of the above judgment, the Defendant filed a lawsuit identical with the above prior judgment by Seoul Southern District Court Decision 2014Ga228857, and the lawsuit was initiated by means of service by public notice, and was sentenced by the above court on November 11, 2014. The above judgment became final and conclusive around that time.
C. Meanwhile, the Plaintiff filed an application for bankruptcy and immunity with the Incheon District Court No. 2016Hadan34, 2013Ma3433, and was granted immunity from the above court on March 24, 2017 (hereinafter “instant immunity”). The instant immunity became final and conclusive on April 11, 2017. The Plaintiff did not enter the details of the Defendant and the instant loan claims in the list of creditors submitted at the time of bankruptcy and application for immunity.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 5, court's significant facts, purport of the whole pleadings
2. Determination:
A. The fact that the Plaintiff received the decision on the cause of the claim in this case after the judgment of this case became final and conclusive is recognized as above. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides, “The claim on the property arising before the debtor is declared bankrupt shall be a bankruptcy claim.” Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides, “The debtor who received the exemption shall be exempted from all obligations to the bankruptcy creditor except the distribution under the bankruptcy procedure.”
Provided, That the responsibility shall not be exempted for the following claims: