청구이의
1. The Defendant’s payment order for the loan case No. 2016 tea731 against the Plaintiff was issued.
1. In fact, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the loan under the Changwon District Court Heading the Changwon District Court Decision 2007 Ghana10637.
On October 16, 2007, the judgment of the court below that "the plaintiff shall pay to the defendant 5,863,909 won and 5,000,000 won from April 10, 1998 to July 3, 2007, 25% per annum, and 20% per annum from the next day to the day of full payment (hereinafter "the final judgment of this case"). The above judgment was finalized on December 7, 2007.
In order to interrupt the extinctive prescription of loan claims based on the final and conclusive judgment of the instant case, the Defendant filed an application with the Plaintiff for a payment order seeking the payment of the loan with the Changwon District Court Heading the Plaintiff as the obligor, and on November 11, 2016, the Defendant received the payment order (hereinafter “instant payment order”) stating that “The Plaintiff shall pay the Defendant the amount of KRW 5,863,909, and KRW 5,000,000 per annum from April 10, 1998 to July 3, 2007, with the Defendant at the rate of 25% per annum from the next day to the day of full payment” (hereinafter “instant payment order”).
The instant payment order was finalized on January 4, 2017.
The Plaintiff was declared bankrupt on July 10, 2015 by Jeju District Court No. 2014Hadan284, and was granted decision to grant immunity from December 14, 2015 (hereinafter “instant decision to grant immunity”), and the instant decision to grant immunity was finalized on December 29, 2015.
The list of creditors submitted by the plaintiff in the case of bankruptcy and immunity was not written by the defendant.
[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 3, the purport of the whole pleadings
2. Any property claim arising prior to the declaration of bankruptcy against the debtor for the determination of the cause of the claim, that is, the bankruptcy claim, even if the immunity decision on the bankrupt becomes final and conclusive, is not entered in the list of creditors at the time of the application for immunity, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the effect of immunity in accordance with Article 565