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(영문) 수원지방법원여주지원양평군법원 2019.07.18 2019가단38

청구이의

Text

1. The Defendant’s payment order for the loans against the Plaintiff at the Suwon District Court in the Yangyang-gun Court 2015 tea 245.

Reasons

1. Indication of claim;

A. On June 26, 2015, the Defendant filed an application with the Suwon District Court for a payment order issued on June 26, 2015 with the purport of seeking reimbursement of KRW 4,200,000 and damages for delay corresponding to the loan claim against the Plaintiff inherited from the deceased C, and upon the said application, the payment order issued on June 29, 2015 was finalized on August 18, 2015.

B. However, on January 15, 2009, the Plaintiff filed for bankruptcy and exemption with the Jeonju District Court and was declared bankrupt on November 20, 2009 (2009Hadan160), and decided to grant immunity on June 9, 201 (2009do160) and became final and conclusive on June 24, 2011, the said loan obligations were exempted.

C. Therefore, compulsory execution based on the payment order of the defendant's order of Paragraph 1 against the plaintiff is not allowed.

2. Judgment made by deemed confessions under Articles 208 (3) 2, 150 (3) (main sentence) and (1) of the Civil Procedure Act of the applicable Act;