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(영문) 수원지방법원 2020.11.27 2020가단15207

청구이의

Text

The Suwon District Court rendered compulsory execution against the plaintiff on December 21, 2012 based on the judgment of 2012Gapo27131.

Reasons

1. Basic facts

A. On October 20, 2011, the Defendant filed an application for a payment order with the Plaintiff and C seeking the payment of the acquisition amount with the Suwon District Court 201 tea7511.

The above court decided to accept the payment order on November 2, 201, but it did not serve the plaintiff and C with the above payment order. As such, the above case was referred to the lawsuit proceedings as Suwon District Court 2012Gaso27131.

On August 8, 2012, the above court rendered a disposition of service by public notice to serve the plaintiff and C as a service by public notice, and rendered a judgment to accept the defendant's claim on December 21, 2012.

Since then, the above judgment became final and conclusive on January 15, 2013.

(hereinafter “instant judgment”). B.

On March 6, 2013, the Plaintiff filed an application for bankruptcy and exemption from liability with Suwon District Court 2013Hadan1583, 2013 1583.

The above court declared the Plaintiff bankrupt on January 20, 2014, and decided to grant immunity on May 9, 2014 (hereinafter “instant decision to grant immunity”). The instant decision to grant immunity became final and conclusive on May 24, 2014.

However, while filing the above bankruptcy and application for immunity, the plaintiff did not enter the defendant's claims against the plaintiff in the list of creditors.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant’s claim against the Plaintiff was exempted from the Defendant’s exemption decision of this case, which became final and conclusive.

Although the Plaintiff omitted the Defendant’s claim against the Plaintiff in the list of creditors at the time of the above bankruptcy and application for immunity, it is merely a simple acceptance.

B. At the time when the Defendant applied for the above payment order against the Plaintiff, the Plaintiff intentionally failed to receive the above payment order from the court. Furthermore, at the time of the above bankruptcy and application for immunity, the Plaintiff knew of the existence of the Defendant’s claim against the Plaintiff and omitted it.

Therefore, the above claim is a debtor's rehabilitation and rehabilitation.