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1. Compulsory execution based on the judgment of the Incheon District Court 2007Gapo240797 against the Plaintiff is enforced against the Defendant.
Reasons
1. Basic facts
A. The defendant filed a lawsuit against the plaintiff as Incheon District Court 2007Gapo240797. On October 9, 2007, the Incheon District Court rendered a judgment that "the defendant shall pay to the plaintiff 5,946,737 won per annum from October 25, 2003 to September 21, 2007 and 17% per annum from the next day to the day of full payment" (hereinafter "the judgment of this case"), and the debt based on the above judgment was finalized on November 3, 2007.
B. On February 8, 2018, the Plaintiff filed an application for bankruptcy and discharge under the Incheon District Court Order No. 2018Hadan416, 2018Ra413. On June 14, 2018, the bankruptcy was declared and the bankruptcy was decided on September 17, 2018 on the ground that “the bankruptcy estate is insufficient to cover the expenses for the bankruptcy proceedings” and each decision became final and conclusive around that time upon receipt of a decision to discontinue the bankruptcy from the above court on September 17, 2018 (hereinafter “instant decision to grant immunity”).
Meanwhile, in the list of creditors of the above bankruptcy and exemption cases, the defendant's claims based on the judgment of this case are omitted.
[Ground of recognition] The fact that there is no dispute, Gap's 1 or 3 evidence (including each number), the fact that it is obvious to this court, and the purport of whole pleading
2. The assertion and judgment
A. According to the above fact of recognition as to the cause of claim, barring any special circumstance, inasmuch as the instant obligation was discharged according to the decision on immunity of this case, compulsory execution based on the judgment of this case shall be dismissed.
B. (1) The Defendant’s assertion (1) filed a petition for bankruptcy and exemption on February 8, 2018, and received a decision of immunity on September 17, 2018 after having been declared bankrupt on June 14, 2018. The Defendant filed a petition against the Plaintiff for a registration of the defaulters’ list, etc. with the Incheon District Court 2012Kao36277, and received the said court’s decision of acceptance on January 2, 2013.