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(영문) 서울중앙지방법원 2021.02.25 2020가단5190891

청구이의

Text

The defendant's payment order against the plaintiff was based on the payment order for the 291969 chip money before the Seoul Central District Court 2020.

Reasons

1. Basic facts

A. C Co., Ltd. filed an application against the Plaintiff, etc. for a payment order of the amount of compensation seeking reimbursement of KRW 15,433,920 at the Changwon District Court Decision 2010 tea 1298, which was the first 15,433,920, and delayed damages therefrom. As the above procedure cannot be served on the Plaintiff, etc., in the litigation proceedings conducted by the said court No. 24548, the said court rendered a favorable judgment upon the said court’s application for the above payment order, and the said judgment became final and conclusive on May 7, 2011.

B. Upon receipt of the claim from C Co., Ltd. with respect to the Plaintiff, which became final and conclusive by the judgment under the preceding paragraph, the Defendant filed an order to pay the acquisition tax claim amounting to five percent per annum from December 31, 2009 to September 2, 2010, and 12 percent per annum from the next day to the date of complete payment, with respect to the Plaintiff as Seoul Central District Court 291969, the Seoul Central District Court 2020, and the above payment order was finalized at that time.

(c)

On March 27, 2019, the Plaintiff filed an application for bankruptcy (the lower part 335 at the end of 2019) and exemption (or 335 at the time of 2010) with the Busan District Court and received a decision to grant immunity from the above court on June 2, 2020, and the said decision became final and conclusive on June 17, 2020.

In the event of the above bankruptcy and exemption, the Plaintiff did not enter the Defendant’s claim for payment order (hereinafter “instant claim”) from the Seoul Central District Court No. 2020, 291969, before the Seoul Central District Court 2020.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including satisfy number), Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the claim of this case is a claim on the property arising from a cause arising before the declaration of bankruptcy, and constitutes a bankruptcy claim, and since the decision to grant immunity of this case against the Plaintiff became final and conclusive, the Plaintiff’s liability should be deemed exempted, barring any special circumstance.

Therefore, compulsory execution based on the instant payment order is enforced.