청구이의
1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 9, 2008, the Defendant’s payment order (the trade name before the change: C&Wn Investment Company) filed a payment order (the Seoul Northern District Court Decision 2008Guj9840) against the Plaintiff on October 20, 2008 and received the payment order (hereinafter “instant payment order”). The instant payment order was served on the Plaintiff himself on October 30, 2008 and confirmed on November 14, 2008.
The summary of the cause of the claim for the instant payment order is as follows.
① Around May 7, 2002, the Plaintiff entered into a lease contract for the lease of water purifiers from IM Global Co., Ltd., and received delivery of the said water purifiers around that time.
② The IM Global Co., Ltd. was declared bankrupt on December 17, 2003 (Seoul Central District Court 2003Hahap69) due to the bankruptcy on September 23, 2003.
(3) A bankrupt company B appointed as a IM Global Bankruptcy Trustee, who requested the Plaintiff to terminate the lease agreement and return the water purifiers. However, the Plaintiff claimed the loss or destruction of the water purifiers and rejected the return thereof.
④ On June 22, 2007, the above trustee in bankruptcy transferred all rights related to the above water purifiers and the above lease agreement to the Defendant with the permission of the bankruptcy court, and notified the Plaintiff of the above transfer around that time.
⑤ Therefore, the Plaintiff is obligated to pay the Defendant the acquisition money calculated by applying the standard for the loss of Article 11(1) and (3) of the terms and conditions of the above lease agreement and the standard for the destruction and damage of the documents, etc.
B. The Plaintiff was declared bankrupt (Seoul District Court 2009Hadan4688), and the Plaintiff was granted immunity on August 27, 2010 (hereinafter “instant immunity”) and the instant immunity became final and conclusive on September 11, 2010.
She, however, the plaintiff did not enter the defendant in the list of creditors of the bankruptcy case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and objection.