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(영문) 서울중앙지방법원 2015.12.23 2015가단160013

청구이의

Text

1. The defendant's compulsory execution against the plaintiff is denied based on the payment order of Seoul Central District Court 2009 tea 115919.

Reasons

1. On November 10, 2009, the Defendant applied for a payment order against the Plaintiff for the payment order of KRW 5,616,93, etc. to the Seoul Central District Court 2009 tea 115919, and the said payment order became final and conclusive around December 2009. The Plaintiff was declared bankrupt by filing a petition for bankruptcy with the Seoul Central District Court 2014Hadan11288, around November 2014. On the above court 2014, the Defendant was granted immunity exemption order from April 13, 2015 from the 128 Discharge Case, and the above exemption order became final and conclusive on April 29, 2015, with no dispute between the parties, or with the overall purport of oral pleadings stated in the evidence No. 3 and No. 4, barring any special circumstance.

Therefore, the defendant's compulsory execution based on the above payment order against the plaintiff is rejected.

2. The defendant's defense asserts that the defendant's claim for the above amount was not exempted since the plaintiff knew of the existence of the defendant's above amount claim at the time of bankruptcy exemption and did not enter it in the creditor list in bad faith.

The plaintiff is also the plaintiff at the time of the plaintiff's bankruptcy exemption, but the fact that the plaintiff did not enter the above claim against the plaintiff in the list of creditors at the time of the plaintiff's bankruptcy exemption is also the plaintiff, but the plaintiff filed a petition for bankruptcy at the time of about five years after the payment order became final and conclusive. According to the evidence No. 2, the plaintiff's petition for bankruptcy can be acknowledged as the fact that the plaintiff entered in the list of creditors against other creditors, such as a special purpose company (the amount of claim 32,493,505 won) of a desired mother who is more than the defendant at the time of the plaintiff's bankruptcy application. In light of these circumstances, it is difficult to view that the plaintiff omitted the above claim against the plaintiff at the time of the plaintiff's bankruptcy exemption from liability in bad faith, and it is difficult to view that the plaintiff