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(영문) 부산지방법원 2018.04.10 2017가단31605

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 14, 2007, the Plaintiff filed an application for immunity against creditors, Korea Mutual Savings Bank, and 12 other creditors (the Busan District Court 2007da7841, 2007Hadan7815). On October 16, 2008, the Busan District Court rendered a decision to grant immunity to the Plaintiff on the ground that “the Plaintiff does not constitute grounds for non-permission of immunity under Article 564(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”), and the decision to grant immunity became final and conclusive on November 7, 2008.”

B. On February 3, 2009, the Defendant filed an application against the Plaintiff for a payment order stating that “35,455,069 won and any delay delay damages for the agreed amount of KRW 15,545,850,” with the Plaintiff (Seoul District Court Decision 2009 tea3587), and on February 17, 2009, the payment order was finalized on March 4, 2009 on the ground that the Plaintiff did not file an objection within the objection period even though the original copy of the payment order was served on the Plaintiff.

(hereinafter “instant payment order”). C.

On August 10, 2010, the defendant applied for the seizure and collection order against the plaintiff as the debtor, the Busan Bank as the third debtor (Seoul District Court 2010TTT 22649), and the Busan District Court on August 12, 2010.

On August 25, 2010, the defendant collected KRW 167,100 from the National Agricultural Cooperative Federation, and KRW 617,161 from the Busan Bank on November 19, 2012, respectively.

On October 11, 2016, the Defendant filed an application against the Plaintiff for an explanation of property on the basis of the original copy of the payment order (the Busan District Court 2016Kao 52764), and on December 8, 2016, the Busan District Court rendered a decision that “the Plaintiff shall deliver the property list clearly stating the status of the property on the date of specification of the property.”

On October 20, 2016, the defendant filed an application for entry in the defaulters' list (Jansan District Court 2016Kau51663), and on January 31, 2017, the Busan District Court recorded the plaintiff in the defaulters' list.

‘The decision' was made.