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(영문) 제주지방법원서귀포시법원 2015.11.25 2015가단72

청구이의

Text

1. On November 3, 2009, the Jeju District Court Seoposi District Court 2009 tea 894 case against the defendant's plaintiff.

Reasons

On February 22, 2008, the Plaintiff applied for bankruptcy and exemption ( Jeju District Court Decision 2008Haak152, 2008Haak152, 152), which was decided to grant exemption on April 14, 2009, and it is recognized that the Defendant omitted the Defendant’s claim in the list of creditors of the case.

However, on November 2, 2009, after the date when the Defendant decided to grant exemption to the Plaintiff, the Defendant applied for a payment order against the Plaintiff on November 2, 2009, and accordingly, the instant payment order was served on the Plaintiff on November 9, 2009, and the Defendant’s claim for the payment of goods was based on the learning district reading of the Plaintiff’s children, and its original amount was limited to 6.80,000 won. In light of the above, since the Plaintiff applied for bankruptcy and exemption and obtained a decision to grant exemption, it cannot be deemed that the Defendant did not enter the Defendant’s claim for the payment of goods in bad faith in the list of creditors, even though the Plaintiff did not request the payment order for the delivery of the instant case as well as the Defendant’s request for

Therefore, even if the plaintiff did not enter the defendant's claim for the price of goods in the list of creditors submitted by the plaintiff in the bankruptcy exemption case as above, so long as the plaintiff did not enter it in bad faith, the plaintiff's claim seeking the exclusion of the execution of the payment order of this case, which was made based on the defendant's claim for the payment order of this case, is justified.