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1. The Defendant’s compulsory execution against the Plaintiff based on the Daegu District Court Branch Decision 2012Gadan12779 decided on the Plaintiff.
Reasons
1. Basic facts
A. On June 20, 1996, the Defendant filed a lawsuit with the Plaintiff seeking the performance of the obligation arising from the joint and several sureties concluded on June 20, 1996 (Seoul District Court Branching 2012dan12779).
On March 26, 2013, the above court rendered a ruling that "the plaintiff and C jointly and severally pay to the defendant 37,872,91 won and 35,160,514 won with interest rate of 22% per annum from April 29, 2002 to the day of full payment (hereinafter "the judgment of this case", and the claim based thereon is referred to as "the claim of this case"). The above ruling was finalized around that time.
B. Meanwhile, on May 7, 2009, the Plaintiff filed an application for bankruptcy and exemption with the Daegu District Court (Seoul District Court Decision 2009Hadan3961, 2009Da3961) and was declared bankrupt on November 12, 2010 by the said court, and was granted immunity (hereinafter “instant immunity exemption”). The same day was the same.
After November 27, 2010, the decision to grant immunity became final and conclusive, and the list of creditors attached to the above decision to grant immunity is not indicated in the Plaintiff’s claim against the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including additional numbers), significant facts in this court, the purport of the whole pleadings
2. Determination as to the cause of action
A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “A debtor shall be deemed a bankruptcy claim for any property claim arising from any cause arising before the declaration of bankruptcy.” Article 566 of the Act provides that “A debtor granted immunity shall be exempted from all of his/her obligations to the bankruptcy creditors except for dividends arising from bankruptcy procedures: Provided, That any of the following claims shall not be exempted from liability.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, unless it falls under any of the subparagraphs of the proviso of Article 566 of the Act, he/she shall be exempted from liability due to the effect of immunity.” Thus, Supreme Court Decision 566 Decided May 13, 2010.