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(영문) 대전지방법원 논산지원 2018.12.20 2018가단2090

청구이의

Text

1. The defendant's order based on the payment order of the Daejeon District Court case No. 2009j1379 against the plaintiff.

Reasons

Description of Claim

On December 8, 2009, the Defendant filed an application with the Plaintiff for a payment order for the purchase price of goods under the Daejeon District Court Branch Branch Decision 2009Da1379, and on December 10, 2009, the above court issued a payment order under Paragraph (1) of this Article with the purport that the Plaintiff shall pay the Defendant the amount of KRW 3,282,80 and the delay damages therefor, and the above payment order was finalized on December 29, 2009.

However, the Plaintiff did not purchase goods from the Defendant, and even if so, the Plaintiff was declared bankrupt on April 26, 201 by Daejeon District Court 201Hadan2392, and on June 5, 2013, the decision became final and conclusive upon granting immunity from the above court 201Ha2387. Thus, the obligation to pay the goods was exempted.

Therefore, even if there is no claim based on the above payment order, or even if there is existence, it constitutes a bankruptcy claim and the decision to grant immunity against the plaintiff becomes final and conclusive, thereby losing executive force by being exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act

Therefore, compulsory execution based on the above payment order should not be allowed.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);