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(영문) 서울중앙지방법원 2017.06.20 2017가단6717 (1)

청구이의

Text

1. The Defendant’s payment order against the Plaintiff was issued on June 4, 2010 by the Seoul Central District Court 2010 tea 61339.

Reasons

1. Facts of recognition;

A. On July 4, 2005, the Defendant acquired the claim against the Plaintiff from the new bank (hereinafter “instant claim”), and applied for a payment order against the Plaintiff on June 2010, the Seoul Central District Court 2010 teas 61339, and the Defendant issued a payment order citing the Defendant’s application on June 4, 2010 and became final and conclusive around that time.

B. The Plaintiff was granted immunity on October 10, 201 and the decision was confirmed on October 25, 2013 in Suwon District Court Decision 201Hawon District Court Decision 201Da8276, 201Hadan8276, and the decision became final and conclusive on October 25, 2013. The Defendant was not written in the list of creditors submitted by the Plaintiff

C. On June 21, 2013, the Defendant transferred the instant claim to the Intervenor joining the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the claim in this case was exempted from liability.

Therefore, compulsory execution under the above payment order should not be permitted.

B. 1) The summary of the Defendant’s argument as to the Defendant’s assertion 1) falls under a claim that is not entered in the obligee’s list in bad faith by the obligor under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, and thus, the above immunity decision is not effective. 2) The judgment was examined, and the fact that the Plaintiff’s claim was not entered in the obligee’s list submitted in the bankruptcy and immunity procedure was not entered in the obligee’s list submitted by the Plaintiff. However, on the other hand, around July 2005, the point of time when the Plaintiff’s claim was transferred to the Defendant due to non-performing claim, which was already occurred at the time of the Plaintiff’s filing of the application for bankruptcy and immunity, and the creditors listed in the above obligee’s list submitted by the Plaintiff are 11 corporate creditors, and