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(영문) 수원지방법원 성남지원 광주시법원 2018.03.29 2017가단2133
청구이의
Text

1. The Defendant’s Suwon District Court Sung-nam Branch Decision 2012Gau41489 decided July 4, 2013.

Reasons

1. The Defendant’s judgment in favor of the Defendant was rendered on July 4, 2013 and became final and conclusive around that time at the end of the Suwon District Court 2012Gau 41489 which rendered the Defendant’s basic facts to the Plaintiff by public notice. The Plaintiff is granted immunity in the Suwon District Court 2014Guwon District Court 898 and the decision at issue on June 18, 2015, which became final and conclusive as of June 18, 2015, may be recognized by comprehensively taking into account the overall purport of the pleadings in each of the statements in Evidence No. 1, 2, 4, 5, and 6.

2. According to the above facts of recognition, pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the defendant's claim for the judgment against the plaintiff was exempted from all obligations against the creditors listed in the list of creditors of the above case.

In the list of creditors of the above case, the defendant omitted the defendant's claim against the plaintiff, which is alleged to be exempted from liability because the plaintiff did not enter the claim in the list of creditors with knowledge of the existence of the judgment amount in bad faith. Thus, the defendant's claim against the plaintiff is not disputed between the parties, but the fact that the defendant's claim against the plaintiff was not entered in the list of creditors, but the plaintiff did not enter it in bad faith with knowledge of the existence of the judgment amount in the list of creditors, it is insufficient to recognize it only by the statement of evidence Nos. 1 and 5, and there is no other

3. Thus, the plaintiff's claim of this case seeking non-performance of compulsory execution based on the above judgment is justified, and the costs of lawsuit are assessed against each party. It is so decided as per Disposition.

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