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1. Compulsory execution against the Defendant’s Plaintiff based on the Jeju District Court Decision 2007Gaso35827 Decided September 18, 2007.
Reasons
1. Basic facts
A. On June 2007, the Defendant filed a lawsuit against the Plaintiff seeking payment of the loan (hereinafter “instant lawsuit”) with the Jeju District Court No. 2007Da35827, and the said court rendered a judgment ordering the Plaintiff to pay KRW 4 million and its delay damages to the Defendant on September 18, 2007, and the said judgment became final and conclusive on October 16, 2007.
B. According to the above judgment, the Defendant filed an application for the order of seizure and collection with the Plaintiff as the debtor. Accordingly, on July 19, 201, the Incheon District Court 2010 Other and 17258, February 15, 201, 201, No. 2011 and 4927, Oct. 19, 201, issued a seizure and collection order with respect to the Plaintiff’s deposit claim as the same court 201 and 35906, respectively.
C. Of them, the above Incheon District Court collected KRW 1,252,419 from the account of the Plaintiff’s Co., Ltd. (hereinafter “C Bank”) on January 24, 201 in accordance with the seizure and collection order (2010TT) No. 17258, and the Defendant submitted the collection report to the above court around that time.
On February 17, 2011, the Plaintiff filed an application for bankruptcy and discharge as Seoul Central District Court Decision 201Hadan1751, 201Ha1, 1751, and the said court decided the Plaintiff’s exemption on June 26, 2012 and became final and conclusive on July 11, 2012.
At the time that the Plaintiff applied for exemption, etc. as above, the Plaintiff did not separately enter the obligation of loans to the Defendant (hereinafter “instant obligation”) in the list of creditors.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 8, and 10, fact inquiry results of this court's inquiry about C corporation, the purport of the whole pleadings
2. Determination as to the cause of action
A. “Claims that an obligor has not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) is known by the obligor prior to immunity.