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1. The Defendant’s decision on performance recommendation is based on the Busan District Court Decision 2019 Ghana543571.
Reasons
1. Basic facts
A. On March 11, 2019, the Plaintiff filed a bankruptcy and application for immunity with the Changwon District Court Decision 2019Hau10164, 2019, 1019, and 1019, and was granted immunity from the above court on June 14, 2019 (hereinafter “instant immunity exemption”). The instant immunity exemption became final and conclusive on June 29, 2019.
B. On May 23, 2019, the Defendant filed a lawsuit against the Plaintiff by Busan District Court Decision 2019Da543571, which claimed that D Company transferred the principal and interest of the loan to the Plaintiff on January 12, 2002, and sought payment of transfer money. On May 24, 2019, the said court rendered a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) stating that “the Plaintiff shall pay damages for delay calculated at the rate of 15% per annum from the day following the delivery of the duplicate of the complaint to the day of full payment” with respect to KRW 8,373,369 and KRW 2,00,000 among them, to the Defendant.” The decision on performance recommendation of this case became final and conclusive on July 2, 2019 as the Plaintiff did not raise any objection to the decision on performance recommendation of this case.
C. At the time of the decision to grant this case’s immunity, the Defendant’s claim against the Plaintiff was not indicated in the list of creditors.
[Ground of recognition] Facts without dispute, significant facts in this court, entry of Gap evidence 1 to 3, purport of whole pleadings
2. Determination on the cause of the claim
A. Inasmuch as the Plaintiff’s assertion against the Defendant was exempted from the responsibility to grant immunity in the instant case, and ② the period of extinctive prescription expires after the lapse of five years, compulsory execution based on the Defendant’s decision on performance recommendation should not be allowed against the Plaintiff.
B. The debtor's property claim arising from the cause before the bankruptcy is declared against the debtor, that is, the bankruptcy claim becomes final and conclusive, and the decision to grant immunity against the bankrupt is not recorded in the list of creditors, but is below the Debtor Rehabilitation and Bankruptcy Act.