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(영문) 대구지방법원안동지원 2017.11.22 2016가단23700
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be admitted in full view of the purport of the entire pleadings in Gap evidence Nos. 2, 3, 5, and 6 (including each number), unless there is a dispute between the parties, or in full view of the purport of the entire pleadings:

The defendant filed a lawsuit against the plaintiffs as the Daegu District Court Branch 2008Gadan4216, which sought the payment of loans, and the lawsuit was pending by public notice.

On September 17, 2008, the above court rendered a judgment that "the plaintiffs jointly and severally pay to the defendant 35 million won and 24% interest per annum from September 1, 2003 to the date of full payment."

The above judgment became final and conclusive on October 7, 2008.

B. Plaintiff A filed an application for bankruptcy and immunity with the Daegu District Court Decision 201Hau752, 201Hau752, and 201Hau752, and the said court rendered a decision to grant immunity on November 29, 201 and became final and conclusive around that time.

C. Plaintiff B filed an application for bankruptcy and immunity with the Daegu District Court Decision 201Hau757, 201Hau757, 757, and the said court rendered a decision to grant immunity on November 9, 201 and became final and conclusive around that time.

On the other hand, the plaintiffs did not enter the defendant's claims in the list of creditors at the time of applying for bankruptcy and exemption.

2. The assertion and judgment

A. At the time of filing an application for bankruptcy and exemption, the plaintiffs asserted that they omitted the defendant from the list of creditors because they did not know the defendant's claims against the plaintiffs at the time of filing an application for exemption. Therefore, each of the above immunity decisions extends to

Therefore, compulsory execution based on the above judgment should not be allowed.

B. Determination 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”)

According to Article 566, the obligor who has been exempted is exempted from the responsibility for all obligations to the bankruptcy creditors except for dividends arising from bankruptcy procedures, but according to Article 566 subparagraph 7 of the same Article, the obligor shall not be exempted from the liability for claims not entered in the list of creditors in bad faith.

Here, Article 566 subparagraph 7 of the Act is stipulated.

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