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(영문) 수원지방법원안양지원 2020.03.05 2019가단4418

청구이의

Text

1. The Defendant’s payment order was based on the payment order for the loan case in Suwon District Court Decision 201Hu3978 against the Plaintiff.

Reasons

Basic Facts

C Co., Ltd. (hereinafter “C”) filed an application with the Plaintiff for a payment order seeking the payment of loans with the Suwon District Court Branch Branch Branch Branch No. 201j3978, Aug. 19, 2011, the said court issued a payment order stating that “The Defendant and D jointly and severally pay to C the amount of KRW 8,573,362 and the amount calculated at the rate of 41% per annum from June 15, 2011 to the date of full payment (hereinafter “instant payment order”), and that “the instant claim” or “the instant debt”).”

The instant payment order was served on the Plaintiff’s wife who was living together, and became final and conclusive on September 10, 201.

On May 21, 2015, the defendant applied for the grant of the succeeding execution clause with respect to the instant payment order to the Suwon District Court was granted on or around May 21, 2015. The succeeding execution clause was granted on or around June 16, 2015.

The above succession execution clause was served on the child living together with the plaintiff.

The Plaintiff filed an application for adjudication of bankruptcy and exemption under Suwon District Court 2017Hadan2403 and 2017Ma2403, and the said court rendered a decision to grant immunity (hereinafter “instant decision to grant immunity”) on May 18, 2018, and the instant decision to grant immunity became final and conclusive on June 2, 2018.

The list of creditors submitted by the Plaintiff in the above declaration of bankruptcy and exemption procedure was not indicated in the claim of this case.

On April 12, 2019, the Defendant received the claim attachment and collection order as to the Plaintiff’s claim against Suwon District Court No. 2019 other bond917, etc. upon the instant payment order.

[Reasons for Recognition] According to the main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the debtor who has been exempted from liability pursuant to the main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, as to the non-contentious facts, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 (including the number of copies; hereinafter the same shall apply), and the grounds for a claim as a whole of the pleadings, shall be limited to the bankruptcy creditor, except for dividends