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(영문) 창원지방법원 2019.04.18 2018나63874

신용카드이용대금

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed an application against the Defendant for a payment order claiming payment of credit card use costs (hereinafter “the instant claim”) with the Changwon District Court Jinwon District Court Jinwon Branch Branch 2009Gu772, and accordingly, the payment order stating that “the Defendant would pay the Plaintiff KRW 6,210,770 and its delayed damages, and its demand procedure costs” (hereinafter “instant payment order”) was served on the Defendant on March 9, 2009 and became final and conclusive as is on March 24, 2009.

B. Upon the instant payment order, the Plaintiff applied for a seizure and collection order as to the Defendant’s deposit claim against the Defendant Company C, etc. (Seoul District Court Jinwon District Court Decision 2013TTTTT 2422), and the said court accepted it on May 21, 2013 and served the Defendant with the original copy of the decision on the seizure and collection order, but it was impossible to serve the original copy due to lack of text, the Plaintiff served the original copy of the said decision by public notice

C. On December 2013, the Defendant, upon filing a petition for bankruptcy and immunity with the Changwon District Court, was declared bankrupt on May 2, 2014 by the Changwon District Court Decision 2013Hadan1972, and the same year.

6.5. 2013. 2013. 1972: (a) the decision to grant immunity became final and conclusive on the 21st of the same month upon receipt of the decision to grant immunity (hereinafter “instant decision”); (b) the list of creditors submitted by the Defendant at the time of bankruptcy and application for immunity did not indicate the instant claim

【Ground of recognition】 The fact that there has been no dispute, Gap's 6, 7, 9, Eul's 1 through 4, the purport of the whole pleadings

2. The plaintiff alleged by the parties concerned did not enter the above claims in the list of creditors submitted by the defendant at the time of bankruptcy and application for immunity with knowledge of the existence of the pertinent claims. Thus, the above claims constitute non-exempt claims under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act. Accordingly, the defendant did not know the existence of the above claims at the time of application for bankruptcy and application for immunity and did not enter them in the list of creditors.