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1. Compulsory execution against the Defendant’s Plaintiff based on the Ulsan District Court Decision 2010Da5376 Decided July 20, 2010.
Reasons
1. Basic facts
A. On July 20, 2010, when the Defendant filed a loan lawsuit against the Plaintiff as the Ulsan District Court Decision 2010 Ghana5376, the said court rendered a judgment on July 20, 2010 with the purport that “the Plaintiff shall pay the Defendant a loan of KRW 3 million and its delayed payment damages” (hereinafter “instant judgment”), and the said judgment became final and conclusive on August 7, 2010.
However, in the above litigation proceedings, service on the plaintiff was made by means of public notice.
B. Meanwhile, on December 21, 2015, the Plaintiff received a decision to grant immunity on February 19, 2016 by filing bankruptcy and application for immunity with the Ulsan District Court 2015Hadan691 and 2015Ma689 (hereinafter “instant decision”). The said decision was finalized around March 5, 2016, but the list of creditors did not include the Defendant’s claims.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including branch numbers), and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that the claim of this case constitutes a bankruptcy claim, and that compulsory execution based on the final judgment of this case should be dismissed, since the decision of this case was exempted from liability due to the decision of immunity of this case.
The defendant asserts that the claim of this case does not grant immunity because the plaintiff did not enter it in the list of creditors in bad faith.
B. Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not entered in the list of creditors in bad faith by an obligor" means a case where the obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, and is not entered in the list of creditors. Whether the obligor's bad faith with respect to the preparation of the list of creditors is proved and objective by the obligor as to the details of the omitted claim, the relationship between the obligee and the obligor, the relationship between the obligee and the obligor