청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff managed the frequency of “D” in Daegu-gu, Daegu-gu, with the trade name “D,” and the Defendant served in the above frequency, but did not receive wages of KRW 2,060,000.
B. The Defendant received a payment order against the Plaintiff on March 16, 2001, stating that “the Plaintiff shall pay KRW 2,060,000 and its delay damages to the Defendant” (hereinafter “instant payment order”).
The above order was served on the defendant on March 29, 2001, and was finalized on April 13, 2001.
C. On August 21, 2012, the Plaintiff was granted immunity (hereinafter “instant immunity exemption”) upon bankruptcy and application filed by this court for immunity under the lower court’s 201Hau4717, 201 and 4717, and the said decision became final and conclusive on September 5, 2012.
The Plaintiff did not enter the Defendant’s wage claim (hereinafter “instant claim”) in the list of creditors who submitted the case of bankruptcy and exemption.
On June 1, 2010, the Defendant, based on the instant claim, received a seizure and collection order by the court 2010TT9678, and the said order was served on the Plaintiff by public notice on July 22, 2010.
On January 9, 2019, the Defendant again received a collection order for the attachment and collection of claims from the Gwangju District Court 2019TT Branch 2019TT Branch 50066, and the said order was served on the Plaintiff around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Determination as to the cause of action
A. Inasmuch as the Plaintiff’s obligation to reimburse the Defendant upon the decision on immunity of the Plaintiff’s assertion was exempted, compulsory execution based on the instant payment order should be dismissed.
B. Determination 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”)
"Claims that are not entered in the list of creditors in bad faith by an obligor" under subparagraph 7 of Article 566 shall be known to the existence of an obligation against a bankruptcy creditor before immunity is granted.