(영문) 서울동부지방법원 2018.11.30 2018가단135363

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(영문) 서울동부지방법원 2018.11.30 2018가단135363

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff for the claim for the amount of the assignee fee under this Court’s 2012Gapo205816, and on March 12, 2013, the Defendant was sentenced to a judgment that “the Plaintiff shall pay to the Defendant 11,416,874 won and 3,562,576 won among them, with 20% interest per annum from January 21, 2013 to the date of complete payment.”

(2) On the other hand, the Plaintiff received the notice of the date of pleading on January 20, 2013, the notice of the date of pleading on February 28, 2013, and the written judgment on March 21, 2013 respectively.

B. Based on the instant judgment claim, the Defendant received on May 1, 2013 the issuance of a collection order for the seizure and collection of the claim No. 2013TTT No. 20146 from the Busan District Court’s Dong Branch Branch Branch 2013, May 1, 2013, and the Plaintiff was served on May 27, 2013.

C. On November 3, 2014, the Plaintiff filed an application for bankruptcy or exemption with the Busan District Court Decision 2014Hadan2630, 2014Ma2630, the Plaintiff was confirmed to have been granted immunity on August 20, 2015 (hereinafter “instant immunity exemption”), and the Plaintiff did not enter the Defendant’s claim for the instant adjudication in the creditor list at the time of filing the application for bankruptcy or exemption.

[Ground for Recognition: Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff alleged that he was the defendant's plaintiff 1-A.

Inasmuch as the claim for the judgment is a bankruptcy claim and the plaintiff's liability is exempted from the immunity of this case, the compulsory execution based on the judgment of this case shall not be permitted. Accordingly, the defendant asserts that since the plaintiff knew the existence of the obligation against the defendant at the time of the application for bankruptcy immunity and did not enter the defendant's claim in the creditors list in bad faith, the defendant's claim constitutes non-

B. “Claims that the obligor has not been entered in the list of creditors in bad faith” under Article 566 Subparag. 7 of the Act.

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