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1. The defendant's recommendation of execution with executory power over the case of the Seoul Eastern District Court 2006Gaso163932 against the plaintiff.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit against the Plaintiff for the payment of fees with Seoul Eastern District Court 2006Gaso163932. On October 2, 2006, the above court rendered a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) with the purport that “the Plaintiff shall pay to the Defendant 6,250,000 won and the amount calculated at the rate of 20% per annum from June 1, 2006 to the date of full payment” (hereinafter “the claim of this case”). The above decision on performance recommendation was served on the Plaintiff’s employee and became final and conclusive at that time.
B. On August 26, 2016, the Defendant filed a lawsuit against the Plaintiff for the payment of fees with Seoul Eastern District Court 2016Gaso51588 for the extension of prescription. On October 6, 2016, the said court rendered a decision of performance recommendation to the effect that “the Plaintiff shall pay to the Defendant KRW 6,250,000 per annum 20% per annum from June 1, 2006 to the delivery date of a copy of the complaint, and 15% per annum from the next day to the full payment date,” and the said decision of performance recommendation was served on the Plaintiff’s father and became final and conclusive around that time.
C. Meanwhile, on May 23, 2012, the Plaintiff filed bankruptcy and application for immunity with the Seoul Central District Court No. 201Da835, 201Hadan835, and received a decision to grant immunity from the above court (hereinafter “instant decision to grant immunity”). The said decision to grant immunity became final and conclusive on June 8, 2012.
However, the list of creditors submitted by the Plaintiff in the bankruptcy and exemption procedure was not indicated in the claim of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 4, 6, 7, the purport of the whole pleadings
2. Determination
A. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act as to the cause of the claim (hereinafter “Rehabilitation Act”), the obligor, who has been exempted, shall be exempted from all liability to the bankruptcy creditor with respect to the whole amount of the obligation to the bankruptcy creditor, except dividends under the bankruptcy procedure
The above facts of recognition.