beta
Text
1. The defendant's decision on the loan case against the plaintiff was based on the Incheon District Court Branch 2005 Ghana63098.
Reasons
1. Basic facts
A. On June 24, 2005, the Defendant filed a lawsuit against the Plaintiff for a loan claim with the Busan District Court Branch Decision 2005Gaso63098, and on December 15, 2005, the above court rendered a judgment on December 15, 2005 that “the Plaintiff shall pay to the Defendant KRW 4,600,000 and delay damages therefor,” and the above judgment became final and conclusive on January 18, 2006.
B. On October 26, 2006, the Plaintiff filed a petition for immunity with the Incheon District Court for bankruptcy and immunity, and was declared bankrupt on May 19, 2007 by the Incheon District Court 2006Hadan8113 on May 4, 2007, and became final and conclusive on May 19, 2007 upon the decision of immunity on June 19, 2007.
C. Meanwhile, the list of creditors of the above bankruptcy and exemption cases is omitted.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 8 (including paper numbers) and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, as long as the plaintiff was granted immunity as the bankrupt, the plaintiff is exempted from liability for claims based on the judgment of this case, and since the above claims lose the power and executory power of filing a lawsuit with ordinary claims, compulsory execution by the defendant according to the judgment of this case shall be dismissed.
B. On this issue, the defendant asserts that the claim based on the judgment of this case is a non-exempt claim because the plaintiff, which is the debtor, has not been entered in the creditor list in bad faith.
The term "claim that is not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor knows the existence of a claim before immunity is granted and fails to enter it in the list of creditors. Thus, when a debtor was unaware of the existence of a claim, even though he was negligent in not knowing the existence of the claim, it does not constitute a non-exempt claim under the above Article even if he was negligent in not knowing the existence of the claim.