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(영문) 대구지방법원 2018.08.24 2018가단3639
면책확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On July 8, 2010, the Defendant filed a lawsuit against the Plaintiff and the Plaintiff’s mother C, and brought a lawsuit against the Plaintiff and C by public notice. On July 8, 2010, the judgment that “the Plaintiff and C shall jointly and severally pay 1,320,000 won and damages for delay thereof to the Defendant” (the judgment of the Daegu District Court 209Gau189696, hereinafter referred to as the “instant judgment,” and the Plaintiff’s claim against the Defendant for the said fraternity against the Defendant was pronounced, and the judgment of the instant case became final and conclusive on July 29, 2010.

On March 30, 2009, the Plaintiff filed an application for bankruptcy and exemption with the Daegu District Court Decision 2009Hadan2712, 2009Da2712, Oct. 20, 2009, the Plaintiff was declared bankrupt on October 20, 2009, and the decision to grant immunity on July 14, 201, and the said decision to grant immunity became final and conclusive on July 29, 2010.

On the other hand, the plaintiff did not enter the defendant's claim of this case in the list of creditors at the time of the above bankruptcy and exemption.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 3, 8, 11, 13, and 14, each of these statements in this court, substantial facts in this court, the plaintiff asserted the purport of the whole pleadings as to the judgment of this case was conducted by public notice, and the existence of the claim of this case was not known. Thus, the plaintiff did not omit it in the list of creditors in bad faith at the time of application for bankruptcy

Therefore, inasmuch as the obligation based on the judgment of this case was exempted, compulsory execution based on the judgment of this case should not be permitted.

The Defendant asserts to the effect that the Plaintiff is a non-exempt claim, since the Plaintiff did not enter the instant claim in bad faith in the creditor list in the bankruptcy and exemption application procedure.

Judgment

A lawsuit seeking confirmation of the benefit of confirmation of the instant lawsuit requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is the most effective means to eliminate the Plaintiff’s rights or legal status in danger and danger.

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