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(영문) 대구지방법원 2018.08.23 2017가단31866
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff based on the judgment in the Daegu District Court 2013Gapo21179 claim amount.

Reasons

1. Facts of recognition;

A. The Plaintiff was declared bankrupt on August 7, 2017 and was granted immunity on September 26, 2017 by Daegu District Court Nos. 2016Hadan4674 and 2016Ma474, upon filing an application for individual bankruptcy and application for immunity.

The decision to grant immunity was made on October 1, 2017.

B. On January 27, 2013, the Plaintiff, at around 03:33, driven a vehicle owned by B not covered by mandatory insurance, and escaped after causing a traffic accident.

After paying insurance money to the victim of the foregoing traffic accident, the Defendant filed a lawsuit against the Plaintiff and B on August 21, 2014 against the Daegu District Court Decision 2013Gau21179 (hereinafter “instant judgment”).

According to the above judgment, the defendant applied for a seizure and collection order concerning the claims against the plaintiff and the financial institution in Daegu District Court 2014TT7261, and received the seizure and collection order on October 1, 2014.

C. At the time of the above individual bankruptcy and application for immunity, the Plaintiff omitted the Defendant’s claim based on the instant judgment in the list of creditors.

The judgment of this case and the seizure and collection order were delivered to the Plaintiff by public notice. The Plaintiff was admitted to the Daegu Detention House for the purpose of executing punishment from January 16, 2015 to March 30, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the plaintiff's cause of claim, since the plaintiff's obligation based on the judgment of this case against the defendant was exempted by the above decision of immunity, compulsory execution based on the above judgment against the plaintiff should be rejected unless there are special circumstances.

B. As to the Defendant’s assertion 1, the Defendant was aware of the occurrence of the Defendant’s claim due to the traffic accident as the driver who caused the traffic accident, and thus, at the time of filing an application for personal bankruptcy and exemption from liability.

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