청구이의
1. The Defendant’s compulsory execution against the Plaintiff on October 21, 2010, based on the payment order issued by the court of this Court.
1. Determination as to the cause of claim
A. In fact C applied for a payment order against the Plaintiff by this Court No. 2010 tea218.
The court accepted C’s request for payment order on October 21, 2010, and ordered C to pay “the Plaintiff shall pay C the amount of KRW 30 million with 5% per annum from February 16, 2003 to the delivery date of the instant payment order, and 20% per annum from the next day to the date of full payment.”
On January 25, 2011, the payment order was served on the plaintiff on January 25, 201, and the payment order was finalized as it is because the plaintiff did not raise an objection within two weeks.
(hereinafter “instant payment order”). The Plaintiff did not enter C’s claim under the instant payment order in the list of creditors submitted to this court while filing a bankruptcy and application for immunity with the court under the lower court’s 2012 lower part, 1553, 2012, 1549.
On August 5, 2013, the Plaintiff received a decision of exemption from liability from this Court (2012:1549) and the said decision became final and conclusive on August 20, 2013.
(hereinafter “instant decision on immunity”). The Defendant acquired the claim against the Plaintiff from C around April 30, 2015.
[Reasons for Recognition] Unsatisfy, Gap 1 to 10 evidence (including provisional number), the purport of the whole pleadings
B. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “The debtor shall be entitled to a bankruptcy claim against the property claim arising prior to the declaration of bankruptcy,” and Article 566 of the same Act provides that “The debtor granted immunity shall be exempted from all of his obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedures: Provided, That any of the following claims shall not be exempted from liability.” Thus, even if the bankruptcy claim is not entered in the list of creditors of the application for immunity, the immunity shall be granted unless it falls under any subparagraph of Article 566 of the Debtor Rehabilitation Act: