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1. The Defendant’s compulsory execution against the Plaintiff is based on the Seoul Central District Court Decision 2010Gaso659741.
Reasons
1. The following facts do not conflict between the Parties:
The Defendant (hereinafter “instant judgment”) filed a lawsuit against the Plaintiff for the claim for the acquisition of money against the Plaintiff as Seoul Central District Court 2010Da549741, and the said lawsuit was initiated by public notice against the Plaintiff. On October 14, 2010, the judgment that “the Plaintiff shall pay to the Defendant 15,512,897 won and 5,210,269 won with interest of 20% per annum from December 30, 2009 to the date of full payment” (hereinafter “instant judgment”). The said judgment became final and conclusive around that time.
B. On April 21, 2016, the Plaintiff filed an application for immunity (hereinafter “instant application for immunity”) with the Daegu District Court 2015Gu3229, and received immunity (hereinafter “instant application for immunity”), and the said decision became final and conclusive on May 10, 2016.
However, the Plaintiff omitted the Defendant’s claim for the instant judgment in the list of creditors (Evidence A No. 4) submitted while filing the application for immunity.
2. The Plaintiff asserted that, by negligence at the time of the application for immunity in this case, the enforcement of this case according to the instant decision should not be denied according to the decision of immunity, since the Plaintiff omitted the Defendant’s claim on the creditor list by negligence at the time of the application for immunity in this case. Accordingly, the Defendant asserted that, while the Plaintiff filed the application for immunity in this case, the Plaintiff did not enter the claim against the Defendant in the creditor list in bad faith, the Plaintiff’s claim should not be accepted
3. We examine whether the Plaintiff, in bad faith, omitted the Defendant’s claim for the instant judgment in the creditor list. According to the evidence No. 1, the Defendant was issued a seizure and collection order against the Plaintiff on January 18, 201, based on the instant judgment claim, as Daegu District Court 201TTT82, and on March 23, 2011, with the Plaintiff’s Daegu Bank.