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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the claim
A. The facts of recognition 1) The defendant filed a lawsuit against the plaintiff as Seoul Central District Court Decision 201Da174903, Nov. 30, 201, which decided that "the plaintiff shall pay to the defendant the amount of KRW 3,055,942 and one million which is calculated at the rate of 39% per annum from May 18, 2007 to the date of full payment." The above judgment became final and conclusive on December 27, 2011 (hereinafter referred to as "the defendant's claim against the plaintiff for the amount of KRW 3,05,942, and the above final judgment is "the final and conclusive judgment of this case."
(2) On January 11, 2012, the Plaintiff filed a petition for immunity with the Jeonju District Court Decision 2012Hadan74, 2012Ma74, which was declared bankrupt on August 12, 2013; the Plaintiff was granted immunity on December 5, 2013; the aforementioned immunity became final and conclusive on December 20, 2013; and the list of creditors submitted by the Plaintiff while filing the said application for immunity did not indicate the instant claim.
B. The Plaintiff’s assertion that the cause of the Plaintiff’s claim was exempted from the instant claim, since the Plaintiff did not know the existence of the instant claim for the amount of transfer proceeds at the time of application for immunity, and omitted the instant claim for transfer proceeds from
The Plaintiff filed the instant claim on the premise that the amount of the claim for the amount of the transfer-price is KRW 1,340,000.
The evidence No. 3 of this case is not sufficient to acknowledge that the Plaintiff omitted the above claim in the creditor list because the Plaintiff was unaware of the existence of the claim for transfer money.
Rather, if Eul’s evidence Nos. 1-2 and 3 showed the purport of the entire pleadings, it is acknowledged that the defendant seized corporeal movables located in the plaintiff’s residence on Jan. 10, 2012 based on the final judgment of the instant case, and on Jan. 13, 2012, which had been progress until the date of auction for the said corporeal movables in the above residence, as seen above, the plaintiff applied for bankruptcy and exemption.