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(영문) 인천지방법원 2016.06.02 2015가단58715

청구이의

Text

1. The defendant's compulsory execution against the plaintiff is denied due to the payment order of the Incheon District Court No. 2008 tea No. 9508.

2...

Reasons

In full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1 through 3, the facts as shown in the attached Form can be recognized.

According to the above facts of recognition, the payment order entered in the order was invalidated by the immunity decision that became final and conclusive thereafter.

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

On this issue, the defendant asserts that the plaintiff did not grant immunity because the plaintiff knew of the existence of the obligation but did not enter it in the list of creditors at the time of the above application for immunity.

However, the defendant's assertion is without merit, since there is no proof of the facts alleged.

It is so decided as per Disposition by the assent of all participating Justices.