beta
(영문) 서울서부지방법원 2019.08.13 2018가단17054

청구이의

Text

1. The Defendant’s payment order against the Plaintiff in Seoul Western District Court on May 19, 2015, the Seoul Western District Court (hereinafter “Seoul Western District Court”).

Reasons

1. Basic facts

A. On May 13, 2015, D applied for a payment order against the Plaintiff as the court 2015 tea 26229 (hereinafter “instant payment order”). On May 19, 2015, the said court rendered a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to D Co., Ltd the amount of KRW 6,581,481 and the amount of KRW 1,600,000 calculated at the rate of 20% per annum from December 17, 2014 to the date of full payment” (hereinafter “instant payment order”). The said payment order was finalized on July 17, 2015.

B. D Co., Ltd. is the Defendant on June 20, 2018.

The claim was transferred and notified to the Plaintiff around that time.

C. On February 8, 2012, the Plaintiff filed an application for immunity with the Seoul Rehabilitation Court (Seoul Rehabilitation Court 2012Hadan1258, 2012Ha, 1259), which was declared bankrupt on May 15, 2012, and received a decision to grant immunity on January 9, 2013.

At the time of the above application for bankruptcy immunity, the Plaintiff did not enter the above obligation against the Defendant in the list of creditors and omitted the entry.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The plaintiff asserts that the debt in this case was exempted from the immunity due to the above bankruptcy decision, and the defendant asserts that the debt in this case constitutes "a claim which the debtor does not enter in the list of creditors in bad faith" and thus does not have the effect of immunity.

Whether the Plaintiff knew the existence of the instant debt at the time of filing an application for bankruptcy immunity, and did not enter it in the list of creditors.

At the time of filing an application for bankruptcy immunity, the Plaintiff entered 11 creditors’ obligations in the list of creditors. The principal of the instant debt is a relatively small amount of 1,600,000 won. ② There is no evidence to acknowledge that the Plaintiff was urged to pay the instant debt between the time of filing the application for bankruptcy and exemption and the time of receiving the decision to grant exemption, and there is no evidence to acknowledge that the Plaintiff was given demand for the instant debt between the time of filing the application for