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Reasons
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(영문) 수원지방법원 2019.05.29 2018가단28484
청구이의
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1. The defendant's Suwon-si District Court of Suwon-si, the Sungwon-si Court of June 17, 2009 (Law No. 2009DaDa2971, Jun. 17, 2009) against the plaintiff.

Reasons

1. Facts of recognition;

A. On June 17, 2009, the Defendant filed a claim for reimbursement against the Plaintiff at Suwon District Court Decision 2009 Ghana2971, the Defendant served the Plaintiff by public notice. On June 17, 2009, the Defendant sentenced the said court to the effect that “the Plaintiff shall pay to the Defendant the amount of KRW 3,957,980 and the amount of KRW 1,199,390 calculated at the rate of 20% per annum from December 1, 2008 to the date of full payment,” which became final and conclusive as is.

(hereinafter referred to as the above judgment of this case). B.

The Plaintiff filed for personal bankruptcy and immunity and received immunity in Suwon District Court Decision 201Hadan6978, 2011, 6978, the Plaintiff was granted immunity in August 28, 2012.

However, in the above case, the list of creditors submitted by the plaintiff did not state the defendant's claim for the above judgment.

C. On June 15, 2018, the Defendant applied for compulsory execution based on the instant judgment claim, and was determined to seize and collect the claim against the Plaintiff’s association (the amount of seized claim KRW 3,237,149), E Co., Ltd. (the amount of seized claim KRW 1,000,000), Korea (the amount of seized claim), F Co., Ltd. (the amount of seized claim KRW 1,000,000), Korea (the amount of seized claim), F Co., Ltd. (the amount of seized claim KRW 1,00,000,000) as to the deposit claim against KRW 6,237,149 (the interest of KRW 3,957,980) as the Suwon District Court 2084 (the amount of seized claim KRW 2,279,169).

[Evidence: Evidence No. 1 to No. 4, All purport of oral argument]

2. Article 566 (Effect of Immunity) of the Debtor Rehabilitation and Bankruptcy Act provides, “The exempted debtor shall not be exempted from all of his obligations to the bankruptcy creditors except for the distribution pursuant to the bankruptcy procedures: Provided, That this shall not apply to the following claims:

The debtor mentioned in the above Act is not mentioned in the list of creditors in bad faith.

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