청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 16, 2008, the Plaintiff’s wife B lent KRW 267,000,000 from Aju Capital Co., Ltd., and the Plaintiff jointly and severally guaranteed the above loan obligations against B.
B. The Suwon Capital Co., Ltd. filed an application with the Suwon District Court for a payment order for the said loan against the Plaintiff and B. On August 3, 2010, the said court ordered a payment order with the content that “the Plaintiff and B jointly and severally paid the Plaintiff and B the amount of KRW 267,00,000 and the amount of KRW 19% per annum from June 21, 2010 to the date of full payment.” The said payment order was finalized on August 26, 2010.
(hereinafter “instant payment order”). C.
On September 22, 2011, the Plaintiff received a decision to grant immunity on March 12, 201 by filing bankruptcy and application for immunity with Suwon District Court 201Hadan7808 and 201Da7808, and the said decision became final and conclusive on March 12, 2013 (hereinafter “instant decision to grant immunity”), and the Plaintiff omitted the obligation of the instant payment order against the Defendant from the list of creditors when filing bankruptcy and application for immunity.
On November 27, 2013, the Defendant received the instant payment order claim from Aju Capital Co., Ltd. against the Plaintiff and B, and notified the Plaintiff and B of the said assignment on December 5 of the same year, and the said notification reached the Plaintiff at that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1-1, Eul evidence Nos. 2, 4, and 6, the purport of the whole pleadings
2. Assertion and determination
A. According to the above facts finding as to the cause of claim, the instant payment order claim is a property claim arising from a cause that occurred before the bankruptcy is declared and constitutes a bankruptcy claim. As the immunity decision of this case becomes final and conclusive, the effect of immunity under the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act is limited to the right to file a lawsuit with ordinary claims.