beta
Text
1. The judgment on the loan case against the defendant against the plaintiff was rendered by Daejeon District Court Decision 2005Da14374 delivered on September 29, 2005.
Reasons
1. Basic facts
A. B filed a lawsuit against the Plaintiff (former name: C) and D on September 29, 2005, Daejeon District Court 2005Gada144374, and the court rendered a judgment on September 29, 2005 that "the Plaintiff and D shall jointly and severally pay to B the amount of 18 million won and interest calculated at the rate of 20% per annum from August 14, 2005 to the date of full payment," which became final and conclusive on October 16, 2005.
(hereinafter “the final judgment of this case”). (b)
B On October 31, 2006, between the Defendant and the Defendant, entered into a contract on the transfer of claims between the Defendant and the transfer of claims amounting to KRW 18 million based on the loan claim based on the final judgment of the instant case, and notified the Plaintiff and D of the transfer of claims on November 3, 2006.
C. The Plaintiff was granted immunity on February 6, 2013 upon filing an application for bankruptcy and immunity with the Daejeon District Court 2010Da2929, 2010Hadan2929 (hereinafter “instant immunity”). D.
The list of creditors submitted by the Plaintiff at the time of applying for bankruptcy and exemption includes “15 million won of business funds and loans for living expenses to creditors B,” but does not include the obligation to receive the final judgment of this case against the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Determination
A. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a debtor who has been exempted from liability is exempted from all of his obligations to a bankruptcy creditor except for dividends pursuant to bankruptcy procedures. According to the above facts of recognition, since the obligation to take over the final and conclusive judgment of this case against the defendant is a claim arising before bankruptcy is declared, compulsory execution based on the final and conclusive judgment of this case shall not be permitted.
B. The defendant's assertion and judgment