면책확인
1. It is based on the payment order in the loan case against the Defendant’s Plaintiff at the Chuncheon District Court Branch of 2007 tea 1131.
1. Fact-finding;
A. On October 30, 2007, the Seocho-nam Saemaul Bank applied for a payment order against the Plaintiff and C, the principal debtor of the loan agreement as of November 30, 1998, and the Plaintiff and C, the joint guarantor, filed an application for a payment order with the Chuncheon District Court. On October 8, 2007, the same court issued a payment order with the purport that “The Plaintiff and B, and C jointly and severally, pay KRW 6,923,328 and delay damages,” and the said payment order was served on the Plaintiff on October 17, 2007, and confirmed on November 1, 2007.
(hereinafter the above payment order "the instant payment order" and the bonds based on this order "the instant bonds" B.
After that, the Seocho-nam Saemaul Savings Depository transferred the instant claim to the Song Forest Finance Asset Management Co., Ltd., and the Song Forest Finance Asset Management Co., Ltd., transferred the said claim to the D Forest Asset Management Loan Co., Ltd., and the D Forest Asset Management Loan Co., Ltd., again transferred the said claim to the Defendant. At the time of each transfer, the transferor of the claim notified the fact of the assignment to the address of the Plaintiff
C. On April 2016, the Plaintiff filed an application for bankruptcy and immunity with the Chuncheon District Court No. 226, 2016Hadan226, and 2016Hadan226, and the Chuncheon District Court rendered a decision to grant immunity to the Plaintiff on July 22, 2016, and the said decision became final and conclusive on August 6, 2016.
However, the Plaintiff did not enter the matters concerning the instant payment order in the list of creditors submitted at the time of the application for bankruptcy and exemption.
On May 24, 2017, the Defendant was granted the succeeding execution clause concerning the instant payment order, and was issued a seizure and collection order as to the Plaintiff’s deposit claims against the new bank, new bank, Korea, etc. as the Chuncheon District Court 2017TTTT154 on May 30, 2017.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1 to 3, Eul evidence 1 to 5 (including partial numbers), the purport of the whole pleadings
2. Determination
A. Determination on the cause of the Plaintiff’s claim has arisen before the debtor is declared bankrupt.