(영문) 서울중앙지방법원 2020.02.06 2019가단43505

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(영문) 서울중앙지방법원 2020.02.06 2019가단43505

청구이의의 소

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1. The Defendant’s enforcement against the Plaintiff on the payment order of the Seoul Central District Court case No. 2011 tea70761 is enforced.

Reasons

1. Basic facts

A. On September 7, 2011, the Defendant applied for a payment order against the Plaintiff to the Seoul Central District Court 201 tea 70761 and received a payment order stating that “the Plaintiff shall pay to the Defendant the amount of KRW 8,686,741 and the amount of KRW 1,957,600, calculated at the rate of 18% per annum from August 30, 2011 to the date of full payment” (hereinafter “instant payment order”). The instant payment order became final and conclusive on October 4, 2011 after it was served on October 20, 2011.

B. The ground for the claim for the instant payment order was that the Plaintiff did not pay the card price even after entering into a credit card transaction agreement with C Co., Ltd. and doing various transactions by credit cards, and C Co. was entitled to the Plaintiff’s credit card payment claim, and the Defendant finally acquired the above credit, and thus, sought the payment.

(hereinafter, the Defendant’s claim against the Plaintiff for the above transfer money (hereinafter “instant claim”).

The Plaintiff filed for bankruptcy and immunity with the Cheongju District Court 2018Hadan5057 and 5057, and filed for immunity on May 17, 2019 (hereinafter “instant immunity”). Around that time, the instant immunity became final and conclusive. The list of creditors of bankruptcy and immunity did not include the instant claim.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 4 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act, which states that the effect of the decision on immunity of this case extends to the claims of this case, "any claim on the property that occurred before the debtor is declared bankrupt shall be a bankruptcy claim" and Article 566 of the same Act, which states that "the exempted debtor shall be exempted from the responsibility for all obligations to the bankruptcy creditors except for dividends arising from the bankruptcy procedures

Provided, That the responsibility shall not be exempted for the following claims:

참조조문

-채무자 회생 및 파산에 관한 법률 제423조

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