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(영문) 대전지방법원 2017.05.16 2016나9085

청구이의

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On December 23, 2003, the deceased B (hereinafter “the deceased”) applied for a payment order against the Plaintiff on January 5, 2004 by the court of Boan-si 2003 tea 4414, and the above court ordered the payment order on January 5, 2004. The above original of the payment order was served on the Plaintiff on January 9, 2004.

On January 16, 2004, the deceased raised an objection against the above payment order (the deceased appears to have raised such objection because the interest rate was stated in the above payment order as 3.6% per annum). Accordingly, the legal proceedings were commenced by the court of Boli-si 2004Gada1070.

B. On March 13, 2004, the plaintiff was served with a notice of the date of pleading in the above litigation procedure, and the same year.

31. The same year after the closure of pleadings;

5. 12. The plaintiff was sentenced to the judgment "(hereinafter "the judgment of this case") with the payment of the amount of KRW 3,720,000 to the deceased and the amount calculated at the rate of KRW 3.6% per annum from April 10, 2003 to the date of full payment (hereinafter "the judgment of this case"), and the plaintiff was served with the original judgment on June 7, 2004.

The above ruling of the same year

6. 22. A final and conclusive date.

C. On October 22, 2007, the Defendant, who is a dependent of the Deceased, received a collection order for the seizure and collection of the Plaintiff’s claim against Hongsung Branch Branch of Daejeon District Court 2007 other debt139 on October 22, 2007. The said order was served on the Plaintiff on January 5, 2008.

On the other hand, on December 3, 2012, the Plaintiff filed a petition for bankruptcy with Daejeon District Court Decision 2012Hadan2673, which was the same court as of May 8, 2013, and was decided to grant immunity pursuant to the Act No. 2674, May 8, 2013. The said decision to grant immunity became final and conclusive on the 23th of the same month.

In applying for exemption as above, the Plaintiff did not include his claim against the Plaintiff in the list of creditors according to the judgment of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 2 through 5, the purport of the whole pleadings

2. The plaintiff alleged by the parties concerned is against the plaintiff of the deceased at the time of applying for the above immunity.