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(영문) 수원지방법원 2018.04.20 2017가단35003
청구이의
Text

1. Compulsory execution based on the judgment of Suwon District Court 2010Gaga1548 (i) against the Defendant’s Plaintiff is enforced.

Reasons

1. Basic facts

A. On February 24, 2006, the Plaintiff filed an application for bankruptcy with Suwon District Court Decision 2006Hadan1267, and 2006Ma1476, respectively. The Plaintiff was declared bankrupt on November 13, 2006, and granted immunity on May 2, 2007 from the above court, and the above immunity became final and conclusive on May 17, 2007.

(hereinafter “instant decision to grant immunity”). B.

On January 8, 2010, the Defendant filed a lawsuit against the Plaintiff, etc. as Suwon District Court 2010 Ghana1548, and on October 12, 2010, the lower court rendered a favorable judgment against the Plaintiff, etc. on the said lawsuit, and the said judgment became final and conclusive on November 12, 2010.

(hereinafter referred to as the “instant judgment,” and the Plaintiff’s obligation pursuant to the instant judgment is c).

On the other hand, the list of creditors submitted by the Plaintiff while applying for immunity of this case does not indicate the debt of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 7, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. As the Plaintiff’s claim for immunity of this case did not omit the instant debt in the creditor list in bad faith while filing an application for immunity of this case, the effect of immunity of this case on the instant debt has not been effective, compulsory execution based on the judgment of this case shall be denied.

B. 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 prior to the decision to grant immunity and fails to enter the same in the list of creditors. As such, when the obligor was unaware of the existence of an obligation, the obligor does not constitute a non-exempt claim under the said provision even if he was negligent in not knowing the existence of the obligation (see, e.g., Supreme Court Decision 2010Da49083, Oct. 14, 2010). However, the instant obligation is not indicated in the list of creditors at the time of the decision to grant immunity.

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