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1. The defendant's notary public against the plaintiff is an executory notarial deed No. 572 of 2008.
Reasons
According to the evidence and the purport of the oral argument submitted by the Plaintiff, on September 4, 2008, the Plaintiff borrowed KRW 6 million from the Defendant at an annual interest rate of 48% from the Defendant as of September 4, 2008, and a notary public prepared an executory deed under the title of law firm No. 572, 2008. The Plaintiff was granted immunity on February 21, 2014 and the immunity was confirmed as of March 8, 2014, and the Plaintiff was not indicated in the list of creditors submitted by the Plaintiff at the time of immunity, and the Plaintiff was granted a notice of scheduled commencement of legal proceedings from the consideration credit information delegated by the Defendant to the Defendant on December 12, 2017, and there is no counter-proof evidence otherwise.
According to the above facts of recognition, the defendant's above loan claims against the plaintiff were exempted.
Therefore, compulsory execution based on the above notarial deed shall not be permitted, and the validity of exemption shall not be denied unless the defendant proves that the above loan claim is a claim not entered in the creditors' list in bad faith as provided by Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act.
Plaintiff
The litigation cost shall be borne by each claimant in consideration of the process of filing the lawsuit.
[The number of creditors indicated in the list of creditors submitted by the plaintiff is not more than eight, but the amount of debt is not more than KRW 91,506,824, interest 175,390,115, and the debt against the defendant is not more than KRW 6 million, and it is difficult to find the reason why the plaintiff omitted the defendant's claim because the debt against the defendant is not more than KRW 6 million, and the time when the plaintiff applied for bankruptcy and exemption is more than five years from around 2008, and the time when the plaintiff applied for bankruptcy and exemption is more than five years from around 2013, it is difficult to deem that the plaintiff omitted it in bad faith despite the plaintiff's knowledge of the existence of the defendant's claim at the time of the application for bankruptcy.]