beta
Text
1. The Defendant’s compulsory execution against the Plaintiff by Seoul Eastern District Court Decision 2009Kadan47327 Decided November 26, 2009.
Reasons
1. Facts of recognition;
A. The defendant filed a lawsuit against the plaintiff as Seoul Eastern District Court 2009Kadan47327, which was the result of service by public notice, on November 26, 2009, the above court sentenced the plaintiff to pay the defendant 29 million won and the amount calculated by the rate of 20% per annum from October 24, 2009 to the date of complete payment (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive around that time.
B. On August 20, 2009, the Plaintiff filed an application for bankruptcy and exemption with the Seoul Central District Court Decision 2009Hadan22085, 2009Ha2285, 2085, and was declared bankrupt on July 21, 2010, and was granted decision of immunity on May 31, 201 (hereinafter “instant decision of immunity”). The said decision became final and conclusive on June 18, 201.
In the above bankruptcy and immunity procedure, the Plaintiff submitted a list of creditors with creditors C, D, E, and F, and the Defendant’s claim for the instant judgment was not entered in the said list of creditors.
C. On November 14, 2017, the Defendant received a claim attachment and collection order as to KRW 75,400,000 among the deposit claims against the Plaintiff Company G, etc. as Seoul Eastern District Court 2017TTTT12840, and received a decision against the Plaintiff on November 27, 2017 to submit a list of property specifying the property status on the date of property specification. The Plaintiff filed an objection on December 7, 2017, and dismissed the objection on May 21, 2018 in the objection case against the order to specify the property status on the date of property specification.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the plaintiff became final and conclusive after the judgment of this case became final and conclusive by service by public notice, barring special circumstances.