청구이의
1. The Defendant’s compulsory execution against the Plaintiff on the basis of this court’s order 2016 tea 76723 is denied.
2. This.
1. Basic facts
A. A. Around 1997, the Plaintiff jointly and severally guaranteed C in a construction machinery sales contract between Hyundai Automobile Serving Company and C.
B. On January 5, 2015, the Defendant acquired the above claims, which Hyundai Motor Services Co., Ltd. owned to the Plaintiff, in sequential Capital Co., Ltd. (FFF) and CF (CF) Co., Ltd. (CF) and CF (CF) through CF (C) and CF (C).
C. On June 8, 2010, Dasan C&C Co., Ltd. (title prior to the change: Dasan Asset Management Loans) filed a lawsuit against the Plaintiff for the claim for the amount of money transferred at the Seoul Central District Court 2010Kadan218009, and the said court rendered a judgment on November 12, 201 of the same year that “the Plaintiff would pay KRW 200 million to D&C Co., Ltd.”
In this litigation procedure, service by public notice was made for the plaintiff.
On June 16, 2010, the Plaintiff filed an application for adjudication of bankruptcy with Suwon District Court 2010Hadan5266 Decided June 16, 201; on November 18, 201, the above court 2010Mo5266, the Plaintiff was granted immunity in the above court; and the immunity became final and conclusive on December 3, 201.
(hereinafter) The Plaintiff entered five financial companies, such as credit card companies, debt collectors, and savings banks, in the list of creditors in this application, but did not enter the creditors of the amount of the transferred money as described in the foregoing Paragraph (b).
E. After that, the Defendant sought to the Plaintiff the payment of the acquisition money stated in the instant B in the instant payment order case before 2016 tea 76723, and the payment order was finalized on November 18, 2016.
(B) On the other hand, on December 21, 2016, the Defendant received a seizure and collection order as to the claim of deposit, etc. in the above court 2016TTB2336, based on the instant payment order.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, 2 and 3 respectively, and the purport of the whole pleadings
2. The arguments of the Parties; and