beta
Text
1. The Seoul Central District Court Decision 2010Gaso152826 Decided March 31, 201 against the Defendant’s Plaintiff.
Reasons
1. Basic facts
A. After acquiring the credit card payment claim against the Plaintiff from the new card company, the Defendant filed a lawsuit against the Plaintiff with the Seoul Central District Court 2010 Ghana1528826, and was sentenced on March 31, 2011 to “the Plaintiff shall pay to the Defendant the amount of KRW 4,477,88 and KRW 2,030,190 per annum from March 24, 2011 to the day of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.
B. On February 6, 2014, the Plaintiff: (a) filed a bankruptcy and application for immunity with the Daegu District Court Decision 2014Hau482, 2014Gu482; (b) was declared bankrupt on November 24, 2014; and (c) was granted a decision to grant immunity on March 10, 2015; and (d) the said decision to grant immunity became final and conclusive on March 26, 2015.
However, the Plaintiff did not enter the Defendant’s claim for the transfer money in the list of creditors.
[Ground] Evidence Nos. 1 and 2, and the purport of the whole pleading
2. The party's assertion and judgment
A. (1) The plaintiff's assertion (1) was omitted in the list of creditors because he/she was unaware of the existence of the claim of this case in the course of proceeding with the bankruptcy and exemption case, and thus, the decision of immunity on the claim of this case has an effect on
Therefore, compulsory execution based on the judgment of this case should not be permitted.
(2) The Defendant’s assertion that the Plaintiff did not grant immunity because it did not enter the instant claim in the creditors’ list in bad faith.
B. Comprehensively taking account of the overall purport of the arguments in each of the evidence Nos. 1, 2, 1, 2 and 2, the Defendant received the instant judgment based on the instant claim, and accordingly, the Daegu District Court issued the Daegu District Court’s order of seizure and collection of claims 2012TTT 825 dated June 12, 2012, and issued the Daegu District Court’s order of seizure and collection of claims 2015TT 7 dated January 6, 2015. However, the litigation procedure of the instant judgment was conducted through service by public notice, and each of the above claims seizure and collection orders was directly conducted by the Plaintiff.