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1. The Defendant’s payment order as of February 4, 2016 for the loans extended to the Defendant on the Jeonju District Court Branch 2016 tea 106.
Reasons
1. Basic facts
A. On February 4, 2016, the Jeonju District Court rendered a decision on the payment order (hereinafter “instant payment order”) to the effect that “the Plaintiff would jointly and severally pay to the Defendant KRW 53,178,890 and delay damages for KRW 19,825,460,” which became final and conclusive.
B. On the other hand, on March 21, 2011, the Seoul Central District Court Decision 2010Da349, 2010Hadan349 decided on the Plaintiff’s exemption from the Plaintiff (hereinafter “instant exemption from the discharge”), which became final and conclusive, and the Defendant was not included in the list of creditors of the said case at the time.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1-4 and the purport of the whole pleadings
2. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, and the obligor fails to enter the same in the list of creditors. Thus, if the obligor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim under the same Act, but if the obligor was aware of the existence of an obligation, it constitutes a non-exempt claim under the same Act even if the obligor was negligent in not knowing the existence of the obligation, and thus, even if the obligor
In full view of the following circumstances acknowledged by comprehensively taking into account the purport of the entire argument in the above-mentioned facts in the judgment on October 14, 2010 (see, e.g., Supreme Court Decision 2010Da49083, Oct. 14, 2010). 3, even if the Plaintiff was negligent in not including the Defendant in the list of creditors of the decision on immunity of this case, it is difficult to deem that the Plaintiff did not enter the same in the list of creditors
The defendant's claim against the plaintiff.