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1. The Defendant’s compulsory execution against the Plaintiff is enforced by the Seoul Central District Court Decision 2013Da18533 Decided May 2, 2013.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit against the Plaintiff seeking the payment of the claim for reimbursement (hereinafter “instant claim”) with the Seoul Central District Court 2013 Ghana185333, and as a result, the said court rendered a judgment on May 2, 2013 that “the Plaintiff (A) shall pay to the Defendant (Dongbu Fire Marine Insurance Co., Ltd.) KRW 4,200,00 and the amount calculated at the rate of KRW 5% per annum from April 13, 2000 to October 5, 2002, and 25% per annum from the next day to the date of full payment (hereinafter “instant judgment”). The said judgment became final and conclusive on May 25, 2013.
B. On the other hand, on February 16, 2012, the Plaintiff filed an application for bankruptcy with Suwon District Court 2012Hadan1007, and with 2012Ma1007, respectively. After being declared bankrupt by the above court, the Plaintiff was granted immunity on March 12, 2013, and the said immunity became final and conclusive around that time.
(hereinafter “instant immunity”). The list of creditors submitted by the Plaintiff while applying for immunity of the instant case is not indicated by the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. We examine the judgment on the cause of the claim, and as seen earlier, the decision on the immunity of this case against the plaintiff became final and conclusive. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Debtor Rehabilitation Act") provides, "the exempted debtor shall be exempted from all of his/her obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedure." The claim of this case constitutes a property claim arising from the cause that occurred before bankruptcy is declared bankrupt, and thus, the plaintiff is exempted from its responsibility for the claim of this case against the plaintiff of this case against the plaintiff.
Therefore, the instant claim has lost the executive force with ordinary claims.
Therefore, the defendant's objection is against the plaintiff.