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(영문) 수원지방법원안산지원 2020.08.27 2020가합6921

청구이의

Text

The defendant's order to pay the loan claim case No. 11036 against the plaintiff was rendered in the Suwon District Court.

Reasons

1. Basic facts

A. From 2006 to 2006, the Plaintiff borrowed KRW 250,000 from the Defendant on several occasions.

(hereinafter “instant loan claim”). (b)

The Defendant applied for a payment order with the Suwon District Court’s Ansan Branch No. 201 (Seoul District Court) No. 11036 based on the instant loan claim. On March 2, 2012, the said court ordered the Plaintiff to pay 12% per annum from October 23, 2007 to March 8, 2012 and 20% per annum from the following day to the date of full payment. The said payment order was finalized on March 23, 2012.

(hereinafter “instant payment order”). C.

On December 29, 2011, the Plaintiff filed an application for rehabilitation with Suwon District Court 201dan107, and the said court decided to commence rehabilitation procedures on February 23, 2012 and on June 17, 2013.

(hereinafter “the first rehabilitation case of this case”) D.

On March 30, 2018, the Plaintiff filed an application for rehabilitation with Suwon District Court 2018dan10020 again. On April 23, 2018, the said court rendered a decision to commence rehabilitation on April 23, 2018, a decision to authorize a rehabilitation plan on September 3, 2018, and a decision to terminate rehabilitation procedures on October 16, 2018.

(hereinafter referred to as “the second rehabilitation case of this case”).

The Defendant’s loan claim was included in the rehabilitation plan as stated in the creditors’ list at the time of the first rehabilitation case. However, in the second rehabilitation case of this case, it was not included in the creditors’ list and the authorized rehabilitation plan due to the Defendant’s failure to report the claim.

F. On January 30, 2020, the Defendant applied for a collection order for the seizure and collection order of the Plaintiff’s claim for medical care benefit costs against the third obligor’s health care benefit costs, etc., which was owned by the Plaintiff to the National Health Insurance Corporation under the Prime Minister’s original branch court of Chuncheon District on January 30, 2020, with the title of execution of the instant payment order, and the said court rendered a ruling of acceptance on February 3,

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination.