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1. The Defendant’s decision against the Plaintiff is based on the Seoul District Court Decision 2013Gaso803679 Decided October 10, 2013.
Reasons
1. On October 10, 2013, Seoul Central District Court Decision 2013Gaso803679 against the Defendant’s basic facts, the case was conducted by public notice, and the decision became final and conclusive at that time. In the above decision, the order that “the Defendant (the Plaintiff of this case) shall pay to the Plaintiff (the Defendant of this case) interest of KRW 2,58,970 among the KRW 2,581,261 and the interest of KRW 958,970 among them.” On July 8, 2016, the Plaintiff was sentenced to the Busan District Court Decision 2016Ma7068, Busan District Court Decision 7068, 2006Haso7068 in the case of adjudication of bankruptcy, and the fact that the decision became final and conclusive at that time does not conflict between the parties, or can be acknowledged by comprehensively considering the overall purport of arguments as to evidence Nos. 1, 2, 3 and 1.
2. According to the above facts of recognition, pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the defendant's claims against the plaintiff were exempted from all obligations against the creditors listed in the list of creditors of the above case.
In the list of creditors of the above case, the defendant omitted the defendant's claim on the above judgment against the plaintiff, and this is alleged not to be exempted from liability because the plaintiff's claim on the above judgment against the plaintiff in bad faith constitutes a claim not entered in the list of creditors. Thus, the defendant's claim on the plaintiff in the above judgment against the plaintiff is not in dispute between the parties, but there is insufficient evidence to acknowledge that the plaintiff did not enter it in bad faith. Therefore, the defendant's claim is without merit
3. In conclusion, the plaintiff's claim of this case seeking the exclusion of executory power over the above claim as stated in the above judgment is justified, and it is so decided as per Disposition by the court below to suspend compulsory execution based on the above judgment ex officio.