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(영문) 대전지방법원 2016.04.20 2015가단36362
청구이의
Text

1. The defendant's compulsory execution against the plaintiff is denied based on the payment order No. 2014 tea6174 against the defendant.

2...

Reasons

1. On August 28, 2014, the Defendant applied for the payment order (hereinafter “instant payment order”) to the Plaintiff for the payment of the acquisition amount of KRW 59,488,717 (principal KRW 42,427,346) out of the principal and interest of KRW 140,000,000,000, as Daejeon District Court Decision 201Da6174, August 24, 2011, which became final and conclusive on August 28, 201, for the payment order of KRW 59,48,717 (principal principal and interest of KRW 42,427,346), which became final and conclusive on October 9, 201. The Defendant received the payment order of this case as the executive title of the final and conclusive District Court Branch Decision 2015Da61614, which became final and conclusive on August 21, 2015, which became final and conclusive on March 21, 2015.

Therefore, the defendant's compulsory execution based on the payment order of this case against the plaintiff is denied.

2. The defendant's defense asserts that the defendant's claim for the above amount was not exempted since the plaintiff knew of the existence of the defendant's above amount claim at the time of bankruptcy exemption and did not enter it in the creditor list in bad faith.

In this regard, the facts that the plaintiff did not enter the above claim against the plaintiff against the plaintiff in the creditor list at the time of the defendant's bankruptcy exemption are also the plaintiff. However, the circumstances revealed by each of the above evidence, i.e., the plaintiff's age at the time of the occurrence of the loan claim, which was the basis of the payment order, was considered as the age of the plaintiff, which was the second half of

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