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(영문) 서울중앙지방법원 2019.07.23 2019가단5066824
청구이의
Text

1. The defendant's decision on the loan case of Seoul Central District Court Decision 2009DaDa1723168 decided June 11, 2009 against the plaintiff.

Reasons

1. The specific facts of the cause of the instant claim are as stated in the separate sheet of the cause of the claim, and it is not in dispute between the parties, or may be recognized in full view of the whole purport of the pleadings in each description of evidence A Nos. 1 through 4.

2. According to the above facts of recognition, pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the defendant's claim for the judgment against the plaintiff was 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 for the above judgment amount against the plaintiff, and this is alleged not to be exempted from liability because it constitutes a claim not entered in the list of creditors in bad faith. Thus, the defendant's claim for the above judgment amount against the plaintiff against the plaintiff was not entered in the list of creditors, but there is no dispute between the parties, but there is no evidence to acknowledge that the plaintiff did not enter it in bad faith.

3. In conclusion, the plaintiff's claim of this case seeking the exclusion of executory power over the above judgment amount claims is justified, and it is so decided as per Disposition by the assent of all participating Justices, with a view to ex officio suspending compulsory execution based on the executory power of the above judgment.

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