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(영문) 수원지방법원안산지원 2020.05.15 2019가단79681

청구이의

Text

1. It is based on the Defendant’s original copy of the payment order decision prior to 2019, the Suwon District Court rendered against the Plaintiff.

Reasons

This case is a case of the Seoul Southern District Court 2019Kadan1078 of the Seoul Southern District Court 2019Kadan11078 of the case, the basic facts and the issues of the case are the same.

Before the closing of argument in the preceding case, the Plaintiff filed a claim for confirmation of exemption, not the claim, due to the lack of knowledge of the payment order and its confirmation stated in Paragraph (1) of the order, and filed the instant lawsuit again to seek exclusion of enforcement of the payment order.

(1) The claim of this case is an issue that “the Plaintiff did not enter his obligation to the Defendant in the list of creditors in bad faith,” as in the preceding case. The grounds for determining the preceding case are sufficiently acceptable (in particular, it does not seem that the permission for exemption does not change because the obligation of this case is not entered in the list of creditors in light of the size of the Plaintiff’s obligation, etc.). The documentary evidence submitted by the Defendant in this case is difficult to view the same differently.

Therefore, the plaintiff's claim of this case, which only differs from the subject matter of a lawsuit, shall be accepted, and the costs of lawsuit shall be borne individually in consideration of the characteristics of the case