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1. Compulsory execution against the plaintiff by the defendant based on the Busan District Court Decision 2007Gaso4377 decided December 18, 2007.
Reasons
1. Basic facts
(1) On July 27, 2007, the Defendant filed an application against the Plaintiff for a payment order of credit card payment with Busan District Court Decision 2007Da16336, and the Plaintiff was served with the above payment order and raised an objection to the lawsuit in Busan District Court Decision 2007Da43377.
D. On December 18, 2007, the plaintiff appeared at the Busan District Court 2007Gaso434377, and the above court concluded the pleading on the same day, and "the defendant (the plaintiff of this case) shall pay to the plaintiff (the defendant of this case) 2,651,212 won and 2,395,240 won with interest of 29.9% per annum from June 26, 2007 to the day of full payment" (hereinafter "the judgment of this case"). The above judgment became final and conclusive around that time.
Secondly, on April 7, 2010, the Plaintiff filed an application for immunity from bankruptcy (hereinafter “instant application for immunity”) with the Busan District Court Decision 2010Hadan1536, 2010Hau, 1536 (hereinafter “instant application for immunity from bankruptcy”) and received immunity from the above court on January 31, 201 (hereinafter “instant exemption from immunity”).
The decision to grant immunity became final and conclusive on February 15, 201.
x. The plaintiff did not enter the obligation of this case in the list of creditors at the time of the application for immunity from the bankruptcy of this case.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 3-1 to 3, Eul evidence 1, and the purport of the whole pleadings
2. Assertion and determination
A. The gist of the Plaintiff’s assertion was that, at the time of the bankruptcy of the instant case, the Plaintiff failed to record the existence of the instant judgment amount in the creditor list because it was unable to memory the existence of the instant judgment amount at the time of the application for immunity, and thus, the instant judgment
B. The phrase “claim that is not recorded in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act means that the debtor knows the existence of the obligation against the bankruptcy creditor prior to the decision of discharge.