청구이의
1. The Defendant’s loan payment order issued on July 29, 2008 by Seoul Southern District Court 2008 tea10749 against the Plaintiff.
1. Basic facts
A. Alurian Life Insurance Co., Ltd. (hereinafter “Nurian Life Insurance Co., Ltd.”) filed an application against the Plaintiff for a payment order seeking a loan with the Seoul Southern District Court 2008 tea10749, and the said court issued the instant payment order on July 29, 2008 (hereinafter “instant payment order”).
The instant payment order was served on the Plaintiff on August 1, 2008, and became final and conclusive around that time.
B. On April 29, 2010, Korea-Japan Loan Co., Ltd. (hereinafter “Korea-Japan Loan”) received a claim under the instant payment order from Nonparty 1 and applied for the grant of the succeeding execution clause to the above court. A certified copy of the succeeding execution clause issued by the above court was served on May 24, 2010 on the Plaintiff.
(hereinafter referred to as the “instant obligation of acquisition”) against the Defendant by Nonparty 2.
On April 29, 2016, Nonparty 2 transferred the above bonds to the Defendant, and notified the Plaintiff of the transfer of the claims on May 2, 2016.
On September 4, 2015, the Plaintiff was granted immunity (hereinafter “instant immunity exemption”) from the above court upon filing a bankruptcy application application application with the Chuncheon District Court 2014Hadan1286, 2014Ra1286 (hereinafter “instant bankruptcy application”).
The decision to grant immunity became final and conclusive on September 19, 2015.
E. The Plaintiff did not enter the obligation of the instant transfer money in the list of creditors at the time of the application for immunity from the bankruptcy of the instant case.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Assertion and determination
A. The gist of the Plaintiff’s assertion was: (a) from Nonparty 1 to Nonparty 2; and (b) from Nonparty 2 to Defendant several times, the Plaintiff failed to enter in the creditor list because it was impossible to memory the existence of the instant obligation at the time the application was filed for immunity; (c) thus, the instant obligation was exempted from immunity by the decision to grant immunity.
(3).