청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The claim against the Plaintiff of the D Co., Ltd. (hereinafter “instant claim”) was transferred to the F Co., Ltd. via E limited liability companies.
The F Limited Liability Company transferred the instant claim to the Defendant on November 12, 2014, and sent content-certified mail notifying the Plaintiff of the transfer on December 16, 2014, and the Plaintiff received content-certified mail on December 24, 2014.
B. On February 2, 2015, the Defendant filed an application against the Plaintiff for a payment order seeking payment of the instant claim under this Court’s 2015 tea28932.
This Court issued a payment order on February 12, 2015 (hereinafter “instant payment order”), and the original of the payment order was served on the Plaintiff on February 27, 2015.
The instant payment order was finalized on March 14, 2015.
C. Meanwhile, on August 29, 2017, the Plaintiff filed an application for bankruptcy and exemption under the Busan District Court Decision 2017Hadan1399, and 2017Ma1399.
On December 28, 2017, the above court rendered a decision to grant immunity to the Plaintiff (hereinafter “decision to grant immunity”) and the decision became final and conclusive on January 12, 2018.
However, the Plaintiff did not enter the instant claim in the list of creditors submitted at the time of the application for bankruptcy and exemption.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings
2. Determination:
A. The instant claim constitutes a bankruptcy claim arising from a cause arising prior to the declaration of bankruptcy under Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), and thus, the Plaintiff was exempted from the liability for the instant claim according to the decision on immunity.
Therefore, barring any special circumstance, compulsory execution based on the payment order of this case against the plaintiff cannot be permitted.
B. The judgment of the defendant regarding the defendant's assertion is made in bad faith with the plaintiff's knowledge of the existence of the claim of this case.